Effective date – October 4, 2021
Please read these Terms and Conditions carefully and in their entirety. By visiting https://workabilityinc.com or https://workability.vipmembervault.com (the “Site”) you are agreeing to be bound by the Terms and Conditions in its entirety without modification or exception. These Terms and Conditions are subject to change. Any changes will be incorporated into the Terms and Conditions posted to the Site from time to time. If you do not agree to our Terms and Conditions, do not use this Site. These Terms and Conditions apply only to our Site. Terms, Confidentiality Agreements, and Policies for our Consulting Services and Programs are available by contacting our office at firstname.lastname@example.org or (914) 764-0250.
The terms “we,” “us,” and “our” refer to WORKABILITY Inc. and/or its affiliates. The terms “user,” “you,” and “your” refer to Site visitors, customers, and any other users of the Site.
The term “Personal Information” is defined as nonpublic, personal information that you voluntarily provide to us that personally identifies you and/or your contact information, and can include your name, phone number, physical address, and email address.
The term “Service” refers to all resource pages available, descriptions, written materials, enrollment forms, online courses, blog, and any information available on our Site and using the Contact form on our Site.
The term “Data” refers to all descriptions, concepts, information, content, and materials on this Site, including written materials, trademarks, graphics, online courses, images, and logos.
Use of our Site, including all materials presented herein and all online services provided by WORKABILITY Inc. and/or its affiliates (collectively, herein referred to as WORKABILITY Inc.), is subject to the following Terms and Conditions. These Terms and Conditions apply to all Site visitors, customers, and all other users of the Site. By using the Site or Service you agree to these Terms and Conditions without modification and acknowledge reading them.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to agree to these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.
Information and materials provided on the Site—and the terms and conditions of the access to and use of such information and materials—are subject to change without notice. The information on the Site is for information purposes only. It is believed to be reliable, but WORKABILITY Inc. makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free. WORKABILITY Inc. disclaims all liability for any inaccuracy, error, timeliness, or incompleteness in the Data.
You agree by using this Site that all Data is the proprietary property of WORKABILITY Inc. and all such Data is owned by WORKABILITY Inc., and is protected, to the extent permitted by applicable law, by copyright, trade secret, and other applicable laws. Except as otherwise expressly stated, you agree not to copy, reproduce, transmit, transfer, display, broadcast, perform, create derivative works, or distribute the Data to any other third party, in any manner, in whole or in part, in any form including orally or in writing, without our prior written approval. You agree not to resell, alter and sell, license, or repackage and sell the Data and not to use the Data in any form, in whole or in part, as part of any seminar, workshop, course, program, consulting, or similar business activity, whether online, in person, or in any other form now known or hereafter developed.
You understand and agree that the Data on our Site has been developed over our many years in business, it is the confidential, proprietary, and commercially valuable property of WORKABILITY Inc. and represents our goodwill and credibility. You agree to protect our Site, including our Data from unauthorized use or otherwise in breach of these Terms and Conditions. You agree not to use our Site, including our Data, in a way that might compromise its proprietary nature. You agree not to transmit, distribute, broadcast, or deliver our Data, or a modified reproduction of our Data, or anything derived from our Data. You also agree not to use our Site or Data for commercial purposes without prior written approval and authorization for each occasion you wish to use the Data.
You may view and display our Data so long as you make it known to all viewers that it is the property and creation of WORKABILITY Inc. and that you prominently and clearly display all copyright, trademark or other notices as may be contained in the Data.
You agree to use the Site, Data, and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase Services or products through the Site for legitimate, lawful, and non-commercial purposes only. You shall not use this Site for purposes that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
REFUSAL OF SERVICE
The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person, or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect, product, or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
CANCELLATIONS, REFUNDS, AND NON-ATTENDANCE
You may NOT cancel your enrollment in online courses once you have received access to the course. Since the program materials are available in a digital format, there are no refunds allowed.
Once you have agreed to meeting times, you are financially accountable for the scheduled meetings. In other words, you have purchased those meeting times even if you do not attend the meeting. This is analogous to buying a monthly parking space or a concert ticket in that whether or not you use it you have bought and paid for it.
In the event that you are unable to attend a scheduled meeting, you can call us and attempt to reschedule your meeting time. (The meeting must be rescheduled within one week of the originally scheduled meeting time.) Although we always make the effort, and we are often able to accommodate and rearrange the meeting time at your request, this does not guarantee we can or will accommodate. In the event we cannot find an alternative time to meet within one week of the originally scheduled meeting, you agree to pay for that meeting.
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time, we may correct errors in pricing and descriptions. We reserve the right to change our prices without notice. We reserve the right to refuse or cancel any order with an incorrect price listing.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by WORKABILITY Inc., including but not limited to trademarks, service marks, copyrights, proprietary information, names, logos, photographs, broadcasts, graphics, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce, or perform, or in any way exploit in any format whatsoever any of the Site, Data, Service Content, or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you violate this intellectual property policy.
RIGHT TO CHANGE OUR TERMS
We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. Such amendments to our Terms and Conditions are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after the posting of such new Terms and Conditions means you accept these amendments. We will post the most recent versions to the Site and list the effective date in our Terms and Conditions.
LIMITATION OF LIABILITY
THE INFORMATION ON OUR SITE IS NOT TO BE USED AS ADVICE OR COUNSEL; PARTICULARLY, BUT NOT EXCLUSIVELY, IT DOES NOT OFFER MEDICAL, PSYCHOLOGICAL, LEGAL, BUSINESS, THERAPEUTIC, RELIGIOUS, OR OTHER PROFESSIONAL ADVICE. THIS SITE, INCLUDING THE DATA, IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY WITH ABSOLUTELY NO GUARANTEES OR WARRANTIES.
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE OR FROM YOUR INABILITY TO USE THE SITE. ADDITIONALLY, WORKABILITY INC. IS NOT LIABLE FOR AND TO THE FULLEST EXTENT PERMITTED BY LAW EXPRESSLY DISCLAIMS DAMAGES IN CONNECTION WITH:
1. ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIALS OF SERVICE, ATTACK, INTERRUPTION, SUSPENSION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, TERMINATION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE;
2. LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA;
3. THIRD-PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY; AND
4. ALL EXPRESS, IMPLIED, OR STATUTORY ADVICE, COUNSEL, OR WARRANTEES, INCLUDING, BUT NOT EXCLUSIVELY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
THE FOREGOING APPLIES EVEN IF WORKABILITY INC. HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL WORKABILITY INC.’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM WORKABILITY INC.’S WEBSITE, AND IF NO PURCHASE HAS BEEN MADE BY YOU, WORKABILITY INC.’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OBTAINED THROUGH THE USE OF OUR SITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT MAY RESULT.
The Site and Service may contain links to or from third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or polices of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with WORKABILITY Inc. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of these Terms and Conditions are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
ENTIRE AGREEMENT; WAIVER
All notices, requests, demands, and other communications under these Terms and Conditions shall be in writing and properly addressed as follows:
WORKABILITY Inc. 87 Old Mill River Road, Pound Ridge, NY 10576 USA
GOVERNING LAW; VENUE; MEDIATION
These Terms and Conditions shall be construed in accordance with, and governed by, the laws of the State of New York without giving effect to any laws, rules or provisions that would cause the application of the laws of any jurisdiction other than the State of New York. The exclusive venue for any arbitration or court proceeding based on or arising out of these Terms and Conditions shall be the state and federal courts located in Westchester County, New York. The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms and Conditions by mediation, which shall be conducted under the then current mediation procedures of The International Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of these Terms and Conditions, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of these Terms and Conditions, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of these Terms and Conditions is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of these Terms and Conditions shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.