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The following terms ("Terms of Use") govern use of the iWorkwell, Inc. ("iWorkwell") website and co-branded versions of the iWorkwell website (the "Site") and are legally binding on users ("Users" or "You"). The terms "you" and "user" as used herein refer to all individuals and/or entities accessing the Site for any reason.
By using the Site or any services provided through the Site, you expressly agree to be bound by the Terms of Use. If you do not accept the Terms of Use stated herein, do not access or otherwise use the Site or any information contained on the Site. iWorkwell reserves the right, in its sole and absolute discretion, to change or modify all or any part of the Terms of Use at any time, effective immediately upon updating this posting. You should visit this page periodically to review the Terms of Use.
Use of Site Content
All contents of the Site, including but not limited to text, graphics, logos, button icons, images, audio or video clips, software, Ask An Expert responses, and all other information and material ("Content"), are protected under both United States and international copyright, trademark and other laws. All Content is the property of iWorkwell or its content suppliers. The collection, arrangement and assembly of all Content on the Site is the exclusive property of iWorkwell and is protected by United States and international copyright laws.
iWorkwell authorizes you to view and download material intentionally made available for downloading from the Site. You agree to use the Site solely for your organization's internal noncommercial benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity. You agree not to use, transfer, distribute, or dispose of any information contained in the Site in any manner that could compete with the business of iWorkwell or any of its suppliers. You may not copy, create derivative works from, decompile, disassemble, distribute, display, modify, perform, publish, recompile, reproduce, reverse engineer, upload to, transmit, or in any way exploit any part of the Site, except that you may download Content from the Site and/or make two print copies for your organization's internal noncommercial use, provided that you retain all copyright, trademark, service mark and other proprietary notices contained in the original Content. The use of the Content on any other website, computer network or any other medium including but not limited to over-the-air television or radio broadcast, for any purpose, is strictly prohibited.
You may not offer any part of the Site for sale or otherwise use the Site in any way for any public or commercial purpose.
Additional Prohibitions
Modification of the Site's Content would be a violation of iWorkwell's copyright and other proprietary rights. The Site and the information contained therein may not be used to construct a database of any kind. Nor may the Site be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute any database services containing all or part of the Site. You may not use the Site in any way to improve the quality of any data sold or contributed by you to any third party, without attribution to iWorkwell. Furthermore, you may not use any of iWorkwell's trademarks, trade names, service marks, copyrights, or logos in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with iWorkwell's consent, and you acknowledge that you have no ownership rights in and to any of such items. You will not use the Site, the information contained therein or any of iWorkwell's trademarks, trade names, service marks, copyrights, or logos in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using the Site.
Users may not use the Site in order to transmit, distribute, store, upload or destroy material (i) in violation of any applicable law or regulation; (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (iii) that is defamatory, obscene, threatening, abusive or hateful.
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation (i) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding," "spamming," "mail bombing" or "crashing"; (iv) sending unsolicited email, including promotions and/or advertising of products or services; or (v) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. iWorkwell will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
You may not use the Site for any illegal purpose or in any manner inconsistent with the Terms of Use.
User Information Collected
When you register on the Site, you will be asked to provide iWorkwell with certain information; please see iWorkwell's Privacy Policy for further details.
User Registration and Password
Certain areas of the Site are password restricted to registered users. If you are a registered user, you agree that no one else may use your account and that you are responsible for maintaining the confidentiality of your account information and password and will notify iWorkwell if the password is lost or stolen, or has been disclosed to any other person (third party), or otherwise compromised. You agree further that you are entirely responsible for any and all activities that occur under your account, including any fees that may be incurred under your password-protected account, whether or not you are the individual who undertakes such activities. You agree to immediately notify iWorkwell of any unauthorized use of your account and/or password or any other breach of security in relation to the Site known to you.
Links to Third-Party Sites
The Site may be linked to other Sites on the Internet or World Wide Web that are not under the control of or maintained by iWorkwell. Such links do not constitute an endorsement by iWorkwell of the contents on such third-party Sites. iWorkwell is not responsible for the content of linked third-party Sites and does not make any representations regarding the content or accuracy of materials on such third-party Sites. If you decide to access any linked third-party Sites, you do so at your own risk.
Third-Party Interaction
In your use of the Site, you may enter into correspondence with, purchase goods and/or services, or participate in promotions of advertisers or sponsors showing their goods and/or services on the Site. Unless otherwise stated, any such correspondence, purchase or promotion, including the delivery of and the payment for goods and/or services, and any other term, condition, warranty or representation associated with such correspondence, purchase or promotion, is solely between you and the applicable third party. You agree that iWorkwell has no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third party.
Liability
Information, tools and other material, including but not limited to articles, items in Regulations & Forms and the Policy Wizard, and Ask An Expert responses ("Information"), contained in or provided through the Site is provided as a service for educational and informational purposes only. Information provided herein should not be construed as providing legal advice on any specific matter. Transmission of the Information is not intended to create, and receipt does not constitute, a lawyer-client relationship between you and iWorkwell, the author(s), iWorkwell's legal partners or the publisher. Users of the Site should not act upon any of the Information without seeking professional counsel.
iWorkwell endeavors to provide quality information, but makes no claims, promises or guarantees about the accuracy, completeness or adequacy of the Information contained in, provided through, or linked to the Site, including Ask An Expert responses. The Information may contain inaccuracies or typographical errors. iWorkwell makes no representations about the accuracy, reliability, completeness, or timeliness of the Site, including the Content or Information. The use of the Site, including the Content and Information, is at your own risk. Changes are periodically made to the Site and may be made at any time without notice to you.
iWorkwell does not warrant that the Site will operate error-free or that the Site and its servers are free of computer viruses or other harmful mechanisms. If your use of the Site results in the need for servicing or replacing equipment or data, iWorkwell is not responsible for those costs.
The Site is provided on an "as is" and "where is" basis without any warranties of any kind. iWorkwell, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement of third party rights. iWorkwell makes no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links.
To the maximum extent permitted by applicable law, iWorkwell shall not be liable to you, or any third party claiming through you, for any damages suffered as a result of your displaying, copying, or downloading any Site Content. In no event shall iWorkwell, its partners, suppliers, or any third parties mentioned on the Site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site and the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not iWorkwell is advised of the possibility of such damages.
Termination
Your individual iWorkwell account can be deleted or deactivated at any time. Doing so will result in your inability to access any members-only area of the Site. Note that this is not the same as unsubscribing or canceling a Corporate iWorkwell Membership, which remains subject to the payment obligations and other conditions specified in the purchase process. You may cancel a Corporate Membership by contacting iWorkwell through the website or via phone or email. You may terminate the Terms of Use, with or without cause and at any time, by discontinuing your use of the Site and destroying all materials obtained from iWorkwell.
iWorkwell reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to, immediate termination of your registration or your ability to access the Site and/or any other service provided to you by iWorkwell, upon any breach by you of any of the Terms of Use, if iWorkwell is unable to verify or authenticate any information you submit to the Site, or for any other reason as determined by iWorkwell in its sole and absolute discretion.
Indemnity
You agree, at your own expense, to indemnify, defend and hold harmless iWorkwell, and its affiliates, agents, directors, employees, officers, representatives, shareholders, suppliers, successors and assigns, from and against any and all claims, causes of action, costs, damages, demands, liabilities and expenses (including but not limited to accounting, legal and expert's fees), alleging or arising out of or in connection with the Site, or any links on the Site, including but not limited to: (i) your use of the Site; (ii) anyone else using the Site via your account or computer; (iii) a violation of the Terms of Use by you or anyone else using your account or computer; (iv) a claim that any use of the Site by you or anyone else using your account or computer infringes any Intellectual Property Right of any third party, or any right of privacy or publicity, is libelous or defamatory, or otherwise results in injury or damage to any third party; (v) any deletions, additions, insertions or alterations to, or any unauthorized use of, the Site by you or anyone else using your account or computer; (vi) any misrepresentation or breach of representation or warranty made by you contained herein; or (vii) any breach of any covenant or agreement to be performed by you hereunder. You agree to pay any and all costs, damages, and expenses, including but not limited to reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action, or proceeding attributable to any such claim. iWorkwell reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with iWorkwell in asserting any available defense. You acknowledge and agree to pay iWorkwell's reasonable attorney fees incurred in connection with any and all lawsuits brought against you by iWorkwell under the Terms of Use, including without limitation, lawsuits arising from your failure to indemnify iWorkwell pursuant to the Terms of Use.
General
iWorkwell makes no claims that the Contents may be lawfully viewed or downloaded outside of the United States. Access to the Contents may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The Terms of Use are governed by the internal substantive laws of the Commonwealth of Pennsylvania, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Philadelphia, Pennsylvania. If any provision of the Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms of Use, which shall remain in full force and effect. No waiver of any term of the Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for specific areas of the Site, a particular "Legal Notice," or Software License or material on particular web pages, the Terms of Use constitutes the entire agreement between you and iWorkwell with respect to the use of the Site. No changes to the Terms of Use shall be made except by a revised posting on this page as stated above.
Additional Terms of Use
Certain areas of the Site may be subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.
Contacting the Site
If you have any questions about the Terms of Use please contact us via the website.
User Consent
Your use of the Site or any services provided through the Site constitutes your binding acceptance of the Terms of Use, including any changes or modifications made by iWorkwell as stated above. If at any time the Terms of Use are no longer acceptable to you, you should immediately cease all use of the Site.
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