General

This website (the “Site”) is owned and operated by To Work LLC for it and its subsidiaries (“To Work”,” “we” or “us”).  By using the Site, you agree to be bound by these Terms of Use and to use the Site in accordance with these Terms of Use, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from To Work.  Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Use.

We reserve the right to change these Terms of Use or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Use on this website. The Effective Date of these Terms of Use shall be indicated on this document, so please ensure you check the terms from time to time.  By continuing to use the Site after we post any such changes, you accept the Terms of Use, as modified.

 

Intellectual Property Rights

This Site and all the materials available on the Site are the property of us and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal noncommercial use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Use or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

You acknowledge that To Work LLC has the right but not the obligation to use and display any postings or contributions of any kind and that To Work LLC may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

To Work LLC, our affiliates or licensors reserve all intellectual property rights including those not expressly provided for in these Terms of Use.

 

Unsolicited Ideas

To Work LLC does not accept or consider unsolicited creative ideas, suggestions or materials.  You agree that any creative ideas, suggestions or other materials you submit are to us – whether or not solicited by us – are not being submitted in confidence or trust, and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.  You further acknowledge that To Work LLC may already have such ideas in use, or in the planning stages for use.

 

Disclaimer of Warranties

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY TO WORK LLC AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

Member Registration and Passwords

To access certain features of the Site, we may ask you to provide certain personal information, including your name, email address, telephone number and employment information. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration form. If we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). Our use of any personally identifiable information you provide to us as part of the registration process is governed by the terms of our Privacy Policy.

To use certain features of the Site, you will need a username and password, which you will receive through the Site’s registration process. You are responsible for maintaining the confidentiality of the password and account, and to ensure that you exit from your account at the end of each session.   You are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any suspected unauthorized use of your password or account or any other breach of security.  We cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information, and you may be held liable for any damage or prejudice that might affect To Work LLC or third parties as a result of the incorrect use, loss or theft of your password or account.

 

Limitation of Liability

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL OUR COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR ARTICLES, WHITE PAPERS, UPDATES, SERVICES, OR THIRD-PARTY MATERIALS OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR COMPANY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND TO WORK LLC MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

 

Indemnity

You agree at all times to defend, indemnify and hold harmless To Work LLC, its affiliates, successors, transferees, assignors, assignees, licensors and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant  set forth herein.

 

Termination

We may cancel or terminate your right to use the Site or any part of the Site at any time without notice or liability. In the event of cancellation or termination, you are no longer authorized to access the part of the Site affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive.

 

Confidentiality

You agree not to disclose information you obtain from us and or from our clients, To Work Global, or its other Members.  All information submitted to us by another end-user is proprietary information. Such customer information is confidential and may not be disclosed by you. You agree not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.

 

Other

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by To Work LLC infringe your copyright, you, or your agent may send to To Work LLC a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon To Work LLC actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to To Work LLC a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright for details.  To Work LLC’s Copyright Agent for notice of claims of copyright infringement or counter notices can be reached at admin@ToWorkllc.com.

The Site is not directed to individuals under the age of 13, nor does it contain information which would be potentially harmful to minors in any way. However, all visitors to the Website under the age of 13 should not disclose or provide any Personally Identifiable Information.  In the event that To Work LLC discovers that a child under the age of 13 has provided Personally Identifiable Information to us, we will delete the child’s Personally Identifiable Information in accordance with the Children’s Online Privacy Protection Act of 1998. Please see the Federal Trade Commission’s website for this act.  Notwithstanding the foregoing, pursuant to 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections are commercially available to assist you in limiting access to material that is harmful to minors. More information on the availability of such software can be found through publicly available sources. You may wish to contact your Internet Service Provider for more information.

 

Applicable Law

Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with these Terms of Use is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Dover, Delaware (or through arbitration as set forth below), applying Delaware law, regardless of principles of conflicts of laws.  You agree to waive any jurisdictional, venue or inconvenient forum defenses for purposes of resolving disputes hereunder.

 

Binding Arbitration

You and To Work LLC agree to arbitrate all disputes between you and To Work LLC or its members and affiliates (except disputes relating to the enforcement of To Work LLC’s or its affiliates’ intellectual property rights).  You and To Work LLC empower the arbitrator with the exclusive authority to resolve any dispute relating to the interpretation, applicability or enforceability of these Terms of Use, including the arbitrability of any dispute and any claim that all or any part of these terms are void or voidable.

In the event of a dispute, you or To Work LLC must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute and the relief requested.  You and To Work LLC will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent.  After sixty (60) days, you or we may commence arbitration.  You may also litigate a dispute in small claims court if the dispute meets the requirements to be heard in small claims court, whether or not you negotiated informally first.  EXCEPT FOR CASES DECIDED IN SMALL CLAIMS COURT, YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY.  

Any dispute, controversy or claim arising out of, relating to, or having any connection with this Agreement or the parties’ relationship generally, or the breach, termination, enforcement, interpretation or validity of this Agreement, including without limitation the determination of the scope or applicability of this agreement to arbitrate, will be determined by binding and confidential arbitration in Chicago, Illinois, unless the parties agree in writing on a different location. Regardless of the amount in controversy, the arbitration will be administered by To Work., pursuant to its Streamlined Arbitration Rules & Procedures. In the event of a conflict between such rules and this Agreement, this Agreement will control. The parties will agree within a reasonable period of time after notice is made of instituting the arbitration process whether to use one or three arbitrators, and if the parties cannot agree within fifteen (15) business days, the parties will use a single arbitrator. If the parties cannot agree upon arbitrator(s) within an additional fifteen (15) business days, the arbitrator(s) will be selected by To Work. However, no arbitrator may be appointed unless and until he/she has agreed to these procedures. The arbitrator(s) must be a retired judge or an attorney with at least 15 years of experience in the field of commercial litigation. The arbitrator(s) will apply substantive law and may award injunctive relief or any other remedy available from a judge. The arbitrator(s) may authorize only limited discovery upon a showing of substantial need by the party seeking discovery. All aspects of the arbitration will be treated by the parties and the arbitrator as confidential. If it is the prevailing party on any issue or claim in the arbitration, the respondent will be awarded its reasonable attorney’s fees and arbitration costs by the arbitrator(s). Otherwise, the parties will share the costs of arbitration equally. In no event will claimant be awarded its attorney’s fees or arbitration costs. The final award must be delivered by the arbitrator(s) within one year of the initial demand (or less) absent written agreement by the parties to the contrary. None of the time limits in this Section are jurisdictional. Any award will be accompanied by a reasoned opinion describing the basis of the award. The arbitration will be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and judgment upon the award rendered by the arbitrator(s) may be entered by any court having jurisdiction thereof.

 

No Class Actions

PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS.  Neither you nor To Work LLC will seek to have a dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity.  No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding.  If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.

Waiver and Severability

No waiver by To Work LLC of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by To Work LLC to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

 

Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between To Work LLC and users of the Site, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site.

 

Equal Employment Opportunity

To Work LLC abides by the principles of equal employment opportunity. In accordance with law, the firm recruits, hires, trains and promotes individuals without regard to race, color, creed, religion, sex, age, national origin, sexual orientation, gender identity and/or expression, veteran’s status, disability, genetic information or status within any other protected group. For personnel actions such as compensation, benefits, promotions or transfers, only valid position-related requirements are considered. Continuing professional education and social and recreational programs are planned in accordance with equal opportunity standards.

An individual, who has a physical or mental disability which substantially limits one or more major life activity, is provided the same opportunities accorded other individuals in all areas of employment, provided the individual is otherwise able to perform the essential functions of the position.