Terms of Use Agreement

1. ACCEPTANCE OF TERMS

  1. 1.1 This Terms of Use Agreement, INCLUDING THE BINDING ARBITRATION PROVISION CONTAINED IN SECTION 10.2 (the “ToU”), is an agreement which you must accept in order to use the eWorkplace Apps Service (“eWorkplace Apps,” the “eWorkplace Apps Service”, the “eWorkplace Apps website”, the “Service,” or the “Site,” as described below). It is applicable to all users of eWorkplace Apps. The terms “You”, “you”, “your”, “Users” and “users” encompass all users, including Administrative. This document describes both your rights and your obligations as part of using the Service. It is important that you read it carefully because you will be legally bound to these terms. eWorkplace Apps (“eWorkplace Apps” “we” “us”) only provides its eWorkplace Apps Service (as defined below) to you subject to this ToU. By accepting this ToU or by accessing or using the Service or Site, you acknowledge that you agree to be bound by this ToU (including the Privacy Policy, which is incorporated here by reference).
  2. 1.2 If you are entering into this ToU on behalf of a company or business, you represent that you have the authority to bind such entity, its Administrative Users, and its affiliates to this ToU. In that case, the terms “you” or “your” shall also refer to such entity, its Administrative Users, and its affiliates, as applicable. If you do not have such authority, or if you do not agree with this ToU, you may not use the Service. You acknowledge that this ToU is a contract between you and eWorkplace Apps, even though it is electronic and is not physically signed by you and eWorkplace Apps, and it governs your use of the Service.
  3. 1.3 As our business evolves, eWorkplace Apps may change this ToU. If we make a material change to the ToU, we will postprovide you with reasonable notice by posting an updated notice on the Site. You can review the most current version of the ToU at any time by visiting this page. The revised terms and conditions will become effective on the date set forth in our notice, and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If any change to this ToU is not acceptable to you, your only remedy is to cancel your account and stop using the Services, which you may do through the process provided in the Service.
  4. 1.4 As part of the registration process, you will identify an Administrative User name (in the form of an email address) and password for your account. You are responsible for maintaining the confidentiality of your login, password, and account and for all activities that occur under your login or account.
  5. 1.5 Users should be aware that your company’s Administrative Users may have certain rights to access your account and may obtain related information in connection with the Services. The Administrator also sets your company’s policies regarding your use of various aspects of the Services, including retention settings and the ability to preserve and export all communications in the account. Please also see the Privacy Policy for more information on these topics.
  6. 1.6 By accessing or using the Services, you affirm that you are at least 18 years of age (or have reached the age of majority if that is not 18 years of age where you live). You represent that you are fully able and competent to enter into and comply with the terms and conditions in this ToU. eWorkplace Apps is not directed to children under 13, so if you are under 13 years of age, you are not permitted to access or use the Services. If we become aware that you are using eWorkplace Apps even though you are under 13, we will deactivate your account.
  7. 1.7 If you are a school or teacher in the United States and want your students, who are over 13, to use eWorkplace Apps, including in conjunction with the establishment of a eWorkplace Apps account for the school or a group of students at the school, you agree that you are responsible for complying with the U.S. Family Educational Rights and Privacy Act (“FERPA”). This means you must notify those students’ parents/guardians of the personally identifiable information you will collect and share with eWorkplace Apps and obtain parental/guardian consent before your students establish accounts or use the Service. When obtaining such consent, you should provide parents/guardians with a copy of our Privacy Policy. You must keep all consents on file and provide them to us if we request them. If you are located outside of the United States, we will rely upon you to obtain any required consent or approval from the parent or guardian of any student covered by similar laws and, as a condition to your and your students’ use of the Service, you agree that you will be responsible for complying with such laws.

2. DESCRIPTION OF SERVICE

The “Service(s)” encompass (a) the core functionalities and features provided by eWorkplace Apps, accessible through its official website and associated applications, and (b) all software applications, data, reports, text, images, and other content made available through any of the foregoing. Any additional features introduced to enhance the Service are also subject to this ToU. eWorkplace Apps reserves the right to modify the Service (or any Service plan) or any feature or functionality thereof at any time without prior notice to you. All rights, title and interest in and to the Service and its components (including all intellectual property rights) will remain with and belong exclusively to eWorkplace Apps.

3. ACCESS AND USE OF THE SERVICE

  1. 3.1 You may access and use the Service only for lawful, authorized purposes and you shall not misuse the Service in any manner (as determined by eWorkplace Apps in its sole discretion). See Section 7 for specific provisions outlining prohibited uses of the Service. Administrative Users shall be responsible for all actions by Users on their Team. You shall comply with any codes of conduct, policies, storage limitations, or other notices eWorkplace Apps provides you or publishes in connection with the Service from time to time, and you shall promptly notify eWorkplace Apps if you learn of a security breach related to the Service.
  2. 3.2 Any software that may be made available by eWorkplace Apps in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of this TOS, eWorkplace Apps only grants you a personal, non-sublicensable and non-exclusive license to use the object code of any Software solely in connection with the Service and in accordance with our policies. Any rights not expressly granted herein are reserved.
  3. 3.3 eWorkplace Apps does not publish or list your Company name as a reference for marketing or promotional purposes on eWorkplace Apps’ website and in other communication with existing or potential eWorkplace Apps customers without your express consent. Such consent may be revoked by emailing such revocation of consent to info@eworkplaceapps.com stating that you do not wish to be used as a reference.

4. CONFIDENTIAL INFORMATION

Except for eWorkplace Apps Services websites which are clearly identified as non-public forums (each a “Non-Public Forum”), eWorkplace Apps websites are intended to be public forums, and you agree not to provide eWorkplace Apps or other Users with any confidential or proprietary information that you or the owner of the information do not intend to become public information. Except for User Content clearly labelled as confidential that you upload into a Non-Public Forum, any User Content that you send or upload to an eWorkplace Apps website will be deemed NOT to be confidential or proprietary, and you expressly agree that you waive any trade secret or other confidentiality rights with respect to such User Content.

You agree not to reproduce any Confidential Information to which you are provided access through an eWorkplace Apps website or Services in any form except if authorized at the time of disclosure. Any reproduction of Confidential Information shall remain the property of eWorkplace Apps or the third party that has prepared such information and shall contain any and all confidential or proprietary notices or legends which appear on the original. You agree to (a) take all reasonable steps (defined below) to keep all Confidential Information strictly confidential; (b) to use Confidential Information solely as authorized at the time of disclosure and (c) not to disclose any Confidential Information to any party without the prior written consent of eWorkplace Apps or the third party that has prepared such information. You do not acquire any rights in Confidential Information except the limited rights as described herein. In no event shall you use Confidential Information to create, enhance, modify, rent, lease, loan, sell, distribute or create derivative works based on the eWorkplace Apps Services, software or websites, or compete with eWorkplace Apps software or websites in whole or in part. As used herein, “Confidential Information” shall mean all trade secrets, intellectual property rights, and other information eWorkplace Apps or third parties protect against unrestricted disclosure to others which is (i) either labeled Confidential and accessed through a restricted or non-public area of an eWorkplace Apps Service or website or pursuant to software downloads, or (ii) reasonably identifiable as confidential based on the type of information and the manner of its disclosure. As used herein “reasonable steps” means those steps you and/or your company take to protect your own Confidential Information, which shall not be less than the industry standard of care.

ALL USER CONTENT POSTED BY YOU TO AN eWorkplace Apps WEBSITE, WHETHER INTO A PUBLIC FORUM OR NON-PUBLIC FORUM, SHALL BE AT YOUR OWN RISK, AND eWorkplace Apps TAKES NO RESPONSIBILITY FOR THE USE OR MISUSE OF ANY SUCH UPLOADED INFORMATION BY ANY OTHER USER OF AN eWorkplace Apps WEBSITE OR SERVICE.

5. YOUR INFORMATION, PRIVACY, DATA PROTECTION AND YOUR RELATED RESPONSIBILITIES

  1. 5.1 “Your Data” means any data and content stored or transmitted via the Services by or on behalf of you or your end users (which may include personally identifiable information, such as your name and your email address (“Personal Data”) or data you elect to import from third party services you use). “Content” includes messages you send, files you upload, comments on files, profile information and anything else you enter or upload into eWorkplace Apps. By providing eWorkplace Apps with Personal Data, you expressly agree that eWorkplace Apps may collect, use, store and otherwise process your Personal Data for the purpose of providing you with access to the Service(s) and related activities and communications in which you agree to participate. eWorkplace Apps will make commercially reasonable efforts to ensure that all facilities used to store and process Your Data and your Personal Data meet a high standard for security.
  2. 5.2 In order for us to provide the Service to you, we require that you grant us certain rights with respect to Your Data. For example, we need to be able to collect, use, and store Your Data and your Personal Data in order to display it to you and your teammates, to index it so you are able to search it, to make backups to prevent data loss, and so on. Your acceptance of this ToU gives us the permission to do so and grants us any such rights necessary to provide the Service to you, only for the purpose of providing the Service (and for no other purpose). These rights and permissions are not permanent: they terminate whenever you remove all or part of Your Data from The Service. We claim no ownership over Your Data.
  3. 5.3 If you or your end users send us any feedback or suggestions regarding the Service, you grant eWorkplace Apps an unlimited, irrevocable, free license to use any such feedback or suggestions for any purpose without any obligation to you or your end users.
  4. 5.4 You are responsible for and agree to provide eWorkplace Apps with complete, true, and current information, including Personal Data, and to keep your Personal Data accurate and up to date. You can always correct or update your Personal Data. Furthermore, you may request information about your Personal Data by contacting info@eworkplaceapps.com. Please note that if you request the deletion of your account or Personal Data, you might not be able to further access and use the eWorkplace Apps website and your user Content. You are solely responsible with regard to usage and security of your password and any activities that occur under your account. You are solely responsible for your, your administrators’ and your end users’ conduct, the content of Your Data, and all communications with others while using the Services. We may choose to review public content for compliance with our policies and guidelines, but you acknowledge that eWorkplace Apps has no obligation to monitor any information on the Services. You further agree that eWorkplace Apps may remove or disable any public content at any time for any reason or for no reason at all. We are not responsible for the accuracy, appropriateness, or legality of Your Data or any other information you and your end users may be able to access using the Services. The Services provide features that allow you and your end users to share Your Data and other materials with others or to make it public. Please consider carefully what you allow to be shared or made public. You shall not use the account of anyone else at any time. You understand and agree that eWorkplace Apps collects, uses, stores and otherwise processes your personal information and utilization data and may share such data with third party service providers for purposes of improving or providing the eWorkplace Apps websites subject to eWorkplace Apps Privacy Policy.

YOU AGREE TO COMPLY WITH THE TERMS OF THE EWORKPLACE APPS PRIVACY POLICY, WHICH CAN BE FOUND AT WWW.EWORKPLACEAPPS.COM/PRIVACY-POLICY/.

6. INTELLECTUAL PROPERTY RIGHTS

  1. 6.1 As used herein, “Intellectual Property Rights” means patents of any type, design rights, utility models or other similar invention rights, copyrights, trademarks, service marks, trade secret or confidentiality rights, and any other intangible property rights including applications for any of the foregoing, in any country, arising, under statutory or common law or by contract and whether or not perfected, now existing or hereafter filed, issued or acquired.
  2. 6.2 All Intellectual Property Rights to any eWorkplace Apps software, websites, materials and user content belongs to eWorkplace Apps or the individual or entity that submitted it. Nothing in this ToU shall be deemed to give you the right to modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any eWorkplace Apps software, websites, materials or any user content for any reason, unless otherwise expressly permitted by the ToU or by law. You hereby agree to assign and do assign to eWorkplace Apps (and eWorkplace Apps accepts such assignment) any modifications or derivative works of any eWorkplace software, websites, materials made by you in contravention of this limitation without remuneration of any kind.

7. REPRESENTATIONS AND WARRANTIES

You represent and warrant to eWorkplace Apps that (i) you have full power and authority to enter into this ToU; (ii) you own all Your Data or have obtained all permissions, releases, rights or licenses required to engage in your activities (and allow eWorkplace Apps to perform its obligations) in connection with the Services without obtaining any further releases or consents; and (iii) Your Data and other activities in connection with the Service, and eWorkplace Apps exercise of all rights and license granted by you herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Data contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing.

You also agree not to use the eWorkplace Apps Service to:

  1. 7.1 upload, post, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
  2. 7.2 harm minors in any way;
  3. 7.3 impersonate any person or entity, including, but not limited to, a eWorkplace Apps employee, Administrator, or other users, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. 7.4 manipulate identifiers in order to disguise the origin of any Content transmitted through the eWorkplace Apps Service;
  5. 7.5 upload, post, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. 7.6 upload, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  7. 7.7 sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party;
  8. 7.8 upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
  9. 7.9 upload, post, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  10. 7.10 disrupt the normal flow of dialogue, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
  11. 7.11 interfere with or disrupt the eWorkplace Apps Service or servers or networks connected to the eWorkplace Apps, or disobey any requirements, procedures, policies or regulations of networks connected to eWorkplace Apps, including using any device, or software;
  12. 7.12 modify, adapt, or hack the Service, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks.
  13. 7.13 intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any data, privacy, or export control laws, or regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law;
  14. 7.14 provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
  15. 7.15 “stalk” or otherwise harass another; and/or
  16. 7.16 collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 1 through 1 above.

You acknowledge that eWorkplace Apps may or may not pre-screen Content, but that eWorkplace Apps and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the eWorkplace Apps Service. If, for instance, you upload files that do not belong to you and make these files available publicly, we can delete those files. We may also review Content transmitted through non-public mechanisms such as eWorkplace Apps Document Libraries (“Non-Public Content”) where we deem appropriate, including for violations of this ToU or in response to a user complaint. Without limiting the foregoing, eWorkplace Apps and its designees shall have the right to remove any Content that violates the ToU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge, consent and agree that eWorkplace Apps may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the ToU; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of eWorkplace Apps, its users and the public.

8. DISCLAIMER OF WARRANTIES

  1. 8.1 The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, or because of other causes beyond our reasonable control, but eWorkplace Apps shall use reasonable efforts to provide advance notice of any material scheduled service disruption. Further, you understand that Your Data may be transmitted or handled in an unencrypted manner if you choose to use unencrypted gateways to connect to the Service. You acknowledge that you bear sole responsibility for adequate security, protection and backup of Your Data. eWorkplace Apps will have no liability to you for any unauthorized access or use of any of Your Data, or any corruption, deletion, destruction or loss of any of Your Data.
  2. 8.2 THE SERVICE AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND eWorkplace Apps EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT eWorkplace Apps DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM eWorkplace Apps OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS ToU.

9. LIMITATION OF LIABILITY

  1. 9.1 UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL eWorkplace Apps BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS ToU BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS ToU.
  2. 9.2 Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, eWorkplace Apps LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

10. GOVERNING LAW, DISPUTE RESOLUTION. PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS

You and eWorkplace Apps each agree that this ToU and the relationship between the parties shall be governed by the laws of the State of California, USA, exclusive of conflict or choice of law rules. In order to expedite and control the cost of disputes, you and we agree that any legal or equitable claim arising out of or relating in any way to your use of the Services or these ToU, and the formation, validity, enforceability, scope, or applicability of this ToU, including this Section 10 (referred to as a “Claim”) will be resolved as follows:

  1. 10.1 Informal Resolution We will first try to resolve any Claim informally. Accordingly, neither of us may start a formal proceeding for at least 30 days after one of us notifies the other of a Claim in writing. Notice of the Claim will include a brief written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, claim, or controversy and the relief requested.You will send your notice by email to info@eworkplaceapps.com AND to the address listed directly below. For Administrative Users, we will send our notice to the email AND U.S. mailing address associated with your account. For all other users, we will send your notice by email to the email address associated with your account.eWorkplace Apps, LLC
    34 Anacapa Ln,
    Aliso Viejo, CA 92656If we cannot resolve a Claim informally, any Claim either of us asserts will be resolved only by mediation and/or binding arbitration and not in courts of general jurisdiction.
  2. 10.2 Mediation and Arbitration You and we voluntarily agree to mediation and arbitration for dispute resolution, which means that any dispute(s) arising out of the matters related to this ToU will be decided by neutral arbitration as provided by California Law and you are giving up any rights you might possess to have the dispute litigated in a court or jury trial. If you refuse to submit to arbitration, you may be compelled to arbitrate under the authority of the California Code of Civil Procedure.
    1. 10.2.1 Mediation The parties agree that any and all disputes, claims or controversies arising out of or relating to this EULA, which have not been resolved through the problem escalation and negotiation step described above, shall be submitted to JAMS in Orange County, California, or its successor, for mediation. Either party may commence mediation by providing to JAMS a written request for mediation, setting forth the subject of the dispute and the relief requested, provided that a copy of the same request is also sent to the other party pursuant to Section 10. The parties will cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings. Each party will be responsible for its own legal representation expenses while common mediation fees shall be divided equally between the parties.
    2. 10.2.2Arbitration If the matter is not resolved and no later than thirty (30) days upon the completion of mediation, either party shall initiate binding arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration to JAMS in Orange County, California or its successor, provided that a copy of the same filing of a written demand is also sent to the other party pursuant to Section 10. The binding arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures or pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, as applicable. The parties understand and agree the amount of the disputed claim or counterclaim determines the number of arbitrators that will oversee the arbitration as set forth in the applicable JAMS rules and procedures. In the event that the Comprehensive Arbitration Rules shall apply, each party shall select an arbitrator (party arbitrator) within thirty (30) days and a third arbitrator (neutral arbitrator) shall be selected by arbitrators appointed by the parties. Judgment on the award may be entered in any court having jurisdiction.
    3. 10.2.3Special Rules (a) In the arbitration proceeding, the arbitrator has no authority to make errors of law, and any award may be challenged if the arbitrator does so. Otherwise, the arbitrator’s decision is final and binding on all parties and may be enforced in any federal or state court that has jurisdiction. (b) Neither you nor we shall be entitled to join or consolidate claims in arbitration by or against other individuals or entities, or arbitrate any claim as a representative member of a class or in a private attorney general capacity. Accordingly, you and we agree that the JAMS Class Action Procedures do not apply to our arbitration. A court may sever any portion of Section 10 that it finds to be unenforceable, except for the prohibition on class, representative and private attorney general arbitration.
    4. 10.2.4 Exceptions. Notwithstanding the foregoing, the notice and 30-day negotiation period required by this paragraph shall not apply, however, to disputes, claims, or controversies concerning patents, copyrights, moral rights, trademarks, and trade secrets and claims of piracy or unauthorized use of the Service, including disputes involving a violation of the Communications Act of 1934, 47 U.S.C. § 605, or the Digital Millennium Copyright Act, 17 U.S.C. § 1201, or the Electronic Communications Privacy Act, 18 U.S.C. §§ 2510-2521, or any other statement or law governing theft of service, may be decided only by a court of competent jurisdiction. You may also assert an individual action in small claims court in lieu of arbitration.

11. STATUTE OF LIMITATIONS

You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, an informal complaint pertaining to any Claim or cause of action arising out of or related to use of the Service or under the ToU must be filed with eWorkplace Apps within one (1) year after such Claim or cause of action arose or be forever barred.

12. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT

We respect the intellectual property of others, and we ask our Users to do the same. We may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of Users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide eWorkplace Apps’ Copyright Agent the following information:

  1. 12.1 an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. 12.2 a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. 12.3 a description of where the material that you claim is infringing is located on the site;
  4. 12.4 your address, telephone number, and email address;
  5. 12.5 a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  6. 12.6 a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

eWorkplace Apps Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By mail:

eWorkplace Apps, LLC
34 Anacapa Ln,
Aliso Viejo, CA 92656

By email: info@eworkplaceapps.com

13. INDEMNITY

  1. 13.1 The following applies if you access Services from outside the EU: You agree to defend, indemnify and hold eWorkplace Apps, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim, action or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your Content, Your Data or your usage of the Service or an eWorkplace Apps website, your breach of this ToU, any additional legal terms, or eWorkplace Apps Privacy Policy, your unauthorized use of any eWorkplace-owned Intellectual Property, or your alleged violation of any other rights of a third party. eWorkplace Apps shall provide notice to you of any such claim, suit or demand. eWorkplace Apps reserves the right to conduct the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting eWorkplace Apps defense of such matters.
  2. 13.2 The following applies if you access Services from within the EU:
    You agree to defend, indemnify and hold eWorkplace Apps, its affiliates, subsidiaries, officers, agents, partners, employees, and licensors harmless from any claim, action or demand, including reasonable attorney’s fees, made by any third party against any of the aforesaid entities or persons due to or arising out of your culpable breach of this ToU, and any additional legal terms of eWorkplace Apps Privacy Policy.

14. INTEGRATION, MODIFICATION, AND AUTHORITY

Both parties agree that this ToU is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications and other understandings relating to the subject matter of this ToU, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this ToU and you do not have any authority of any kind to bind eWorkplace Apps in any respect whatsoever.

15. NO ASSIGNMENT; NO RIGHT OF SURVIVORSHIP AND NON-TRANSFERABILITY

You may not assign this ToU without the prior written consent of eWorkplace Apps, except in connection with a merger, re-organization or acquisition of all or a substantial portion of your assets by another company, but only upon 30-days prior notice to eWorkplace Apps. eWorkplace Apps may assign or transfer this ToU, in whole or in part, without restriction. You agree that your account is non-transferable and your rights to the content within your account terminate upon your death, however the content may be available and accessible by Administrative Users.

16. NOTICES

Except as otherwise set forth herein, all notices under this ToU will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

17. SURVIVAL

Your confidentiality obligations hereunder shall survive termination of your account. Upon any termination of your account, or eWorkplace Apps’ request, you must cease use of Confidential Information, and/or eWorkplace Apps websites, Services, and return or destroy all Confidential Information in your possession or control.

18. WAIVER AND SEVERABILITY OF TERMS

The failure of eWorkplace Apps to exercise or enforce any right or provision of the ToU shall not constitute a waiver of such right or provision. If any term or provision of this ToU is found to be unenforceable or invalid, that provision shall be modified in such a manner so as to make this ToU as modified, legal and enforceable under applicable laws and the balance of the provisions of this ToU shall not be affected thereby.

Copyright © 2021 eWorkplace Apps