Use of any offers, coupons, discounts or other promotions listed on or available via the Site is subject to additional terms and conditions defined by our business members and merchants ("Merchant(s)") as stipulated on or in connection with such offers, coupons, discounts or other promotions, which you accept by your use of the Site.
LICENSE AND SITE ACCESS
WorkProList grants you a non-exclusive right and license to access and use the Site for personal, noncommercial purposes, to print or download the offers and promotions provided on the Site. This license does not include and strictly prohibits: any resale of the Site or its contents; any collection and use of any product listings, descriptions, or prices other than as expressly authorized herein; any derivative use of the Site or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Site, including its operation, interface and contents, are covered by United States copyright laws and international laws and treaties, and may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any unauthorized commercial purpose without the express prior written consent of WorkProList. Any unauthorized use shall immediately terminate the licenses and rights granted by WorkProList and any Merchants hereunder, and may subject you to civil and/or criminal prosecution. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any page of the Site so long as the link does not portray WorkProList, its subsidiaries, affiliates, Merchants, co-brand partners and other partners or its or their respective services in a false, misleading, derogatory or otherwise offensive or damaging manner. You may not use any WorkProList, Merchant, subsidiary, affiliate, co-brand partner, or other partner logo or other proprietary graphic or trademark as part of a link to the Site without first obtaining the express written consent of WorkProList, the subsidiary, affiliate, co-brand partner or other partner or Merchant (as applicable).
WorkProList does not guarantee continuous, uninterrupted or secure access to its services or the Site, and the operation of the Site may be interfered with by numerous factors outside or within WorkProList's control.
You agree that:
• you will not provide any false personal information on WorkProList, or create an account for anyone other than yourself without permission.
• you will keep your contact information accurate and up-to-date.
• you will not create more than one personal profile.
• if we disable your account, you will not create another one without our permission.
• only you may use your WorkProList user account, and you are responsible for all activity that takes place in connection with your user account. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
• you must promptly notify us via e-mail at email@example.com if your password is lost, stolen or used without permission. In such an event, we will change your password and update our records.
• you will not transfer your account to anyone without first getting our written permission.
• if you select a username for your account, we reserve the right to remove or reclaim it if we believe appropriate (such as when a trademark owner complains about a username that does not closely relate to a user's actual name).
The Site enables you to locate exclusive online products, services, offers, coupons, discounts and other promotions available from select Merchants. WorkProList uses reasonable efforts to ensure the availability of the information and content, including coupon codes and expiration dates, that it makes available through the Site. However, Merchants have the ability to change or terminate their promotional offers at any time, including, but not limited to, the coupon, offer, discount or other promotion and the expiration date.
As the offers available on the Site are composed of content not offered by WorkProList, WorkProList does not control (i) the terms of the coupon or promotional offer made by the Merchant; (ii) the availability or technical capabilities of the Merchant websites or links to their websites; (iii) the quality, safety or legality of items available through or on Merchant websites or sites of third parties not in privity of contract with WorkProList; or (iv) the truth or accuracy or legality of the content from those advertisers or those third parties (even if such content appears on the Site). Therefore, WorkProList is not liable or responsible for products or services offered by third parties, content supplied by third parties, or for actions you might take in reliance on that content.
Nothing contained on or available via the Site is an offer or promise to sell a specific product or service for a specific price or that any Merchant will sell any product or service for any purpose or price or on any specific terms. WorkProList is not involved in any transactions between you and any of the Merchants featured on or available through WorkProList. Therefore, WorkProList is not responsible for, and does not guarantee, the price, terms, availability, or performance of any goods, services or information offered or provided by any Merchant.
WorkProList does not sell, resell or license any of the products or services listed on the Site, nor is WorkProList acting as an agent of sale, and WorkProList disclaims any responsibility for, or liability related to, such products and services (see Disclaimer of Warranties and Limitation of Liability, below). Any questions, complaints or claims related to any product should be directed to the appropriate Merchant or seller.
WorkProList does not warrant that product descriptions, pricing, editorial commentary or any other content of the Site, regardless of its source, is accurate, complete, reliable, current or error-free. Site content is provided for informational purposes only and does not constitute an endorsement by WorkProList of any product, Merchant, seller, service, or any reviews or comments thereof regardless of the source of such review or comment. WorkProList assumes no liability for inaccuracy or incompleteness in its search results, editorial content, or other content on the Site.
Visitors and users of the Site may post reviews, comments, photos, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content complies with the guidelines below.
By contributing or submitting any content to the Site, you warrant that you are the author and owner of the intellectual property rights thereto or have the appropriate license and/or sublicense rights from the owner or such intellectual property rights, and you grant WorkProList a worldwide, perpetual, irrevocable, royalty-free, sub-licensable, transferable right and license to use, reproduce, copy, modify, delete in its entirety, adapt, publish, translate, display, create derivative works from and/or sell and/or distribute such materials and/or incorporate such materials into any form, medium or technology, and you also grant the right to WorkProList to assign and/or sublicense any and all of the foregoing rights to third parties, in any and all media, whether now known or hereafter created, in all cases without compensation to you. You grant WorkProList and its sublicensees the right to use the name that you submit in connection with such content, if they choose. In addition, you warrant that all "moral rights" that you may have in those materials have been voluntarily waived by you. None of the materials shall be subject to any obligation of confidence on the part of WorkProList, its agents, subsidiaries, affiliates, Merchants, co-brand partners or other partners and their respective directors, officers, employees, agents and representatives. WorkProList reserves the right to change, condense, suspend or delete any content and/or user accounts on the Site that WorkProList deems, in its sole discretion, to violate the content guidelines or any other provision of this Agreement.
You agree that you shall not post or provide any information to/for the Site including, but not limited to, in connection with your user account):
• that is known by you to be false, inaccurate or misleading;
• that infringes any third party's copyright, patent, trademark, trade secret or other
proprietary rights or rights of publicity or privacy;
• that violates any law, statute, ordinance or regulation in any applicable jurisdictions
(including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising and privacy);
• that is, or may reasonably be considered to be, defamatory, hateful, racially or
religiously biased or offensive (including the use of profanity), unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
• for which you were compensated or granted any consideration by any third party; or
• that contains any computer viruses, worms or other damaging or potentially damaging
computer programs or files.
In contributing or submitting any content to the Site, you agree not to use a false or misleading email address, impersonate any person or entity, or otherwise provide any misleading information as to the origin of any content that you submit. WorkProList reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. You should also note your obligations to indemnify WorkProList (among others) for the content you submit as set forth in the indemnity section, below.
You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the Site or any transactions being conducted through the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on WorkProList's computer systems or communications infrastructure. You agree that you will not use any software robot, spider, other automatic device or manual process to monitor or copy Site pages or the content contained therein without WorkProList's prior written consent.
OTHER BUSINESSES AND LINKS TO OTHER SITES
Parties other than WorkProList operate stores, provide services, or advertise or sell product lines on or through this Site. In addition, WorkProList may provide links to the sites of third-party Merchants or sellers, affiliated companies, co-brand partners and other parties. These business listings, links and related information are provided solely as a convenience to you, and do not constitute an endorsement by WorkProList of the content of such third-party sites nor of the business practices of such other businesses, entities or individuals. WorkProList is not responsible for examining or evaluating, and does not warrant or claim responsibility in any way with respect to, the products, services, offerings or business practices of any of these businesses, entities or individuals or the content of their websites. WorkProList does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their respective privacy statements and other conditions of use.
WorkProList has no control over the business practices of any third-party Merchant or seller, nor does it control in any way the quality, safety or legality of any products, services, offers, coupons, discounts or other promotions listed on or available via the Site or any business transaction that occurs as a result of offers, coupons, discounts or other promotions or information listed on or available via the Site.
IN THE EVENT OF A DISPUTE BETWEEN YOU AND A MERCHANT LISTED ON THE SITE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE WORKPROLIST, ITS SUBSIDIARIES, AFFILIATES, CO-BRAND PARTNERS OR OTHER THIRD PARTIES UNDER CONTRACT WITH OR AFFILIATED WITH WORKPROLIST, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
If you are a California resident, by using the Site, you explicitly waive the rights granted to you under California Civil Code 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor."
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY WORKPROLIST ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WORKPROLIST MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE OR ANY TRANSACTION RESULTING THEREOF IS SOLELY AT YOUR OWN RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WORKPROLIST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. WORKPROLIST DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR ELECTRONIC COMMUNICATIONS SENT FROM WORKPROLIST ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WORKPROLIST DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF WORKPROLIST'S CONTROL. WORKPROLIST WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
IP OWNERSHIP AND COPYRIGHT INFRINGEMENT
WorkProList disclaims any responsibility for the content of any third party materials provided through or on its Site or other services ("Third Party Content"). WorkProList will respond to notices of alleged infringement regarding Third Party Content sent pursuant to, and in accordance with, the Digital Millennium Copyright Act ("DMCA"), which may include WorkProList removing or disabling access to Third Party Content claimed to be the subject of infringement or other activity. All notices sent to WorkProList regarding matters other than informing WorkProList that a party's copyrighted material may have been infringed (and relating only to Third Party Content) will not receive a response through this process.
Written notification must be submitted by email to WorkProList's Designated Agent at firstname.lastname@example.org.
To be effective, your infringement notification must include the following:
1. A physical or electronic signature of a person authorized to act on behalf of the owner
of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple
copyrighted works at a single website are covered by a single notification, a representative list of such works at that website;
3. Identification of the material (i.e., the Third Party Content) that is claimed to be
infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit WorkProList to locate the material;
4. Information reasonably sufficient to permit WorkProList to contact the complaining
party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement, as follows: "I have a good faith belief that use of the material in the
manner complained of is not authorized by the copyright owner, its agent, or the law"; and
6. A statement, as follows: "The information in this notification is accurate, and under
penalty of perjury, I swear that I am the copyright owner or that I am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
Upon receipt of the written notification containing the information as outlined in 1 through 6 above:
1. WorkProList shall remove or disable access to the Third Party Content that is alleged
to be infringing;
2. WorkProList shall forward the written notification to the alleged infringer (the
3. WorkProList shall take reasonable steps to promptly notify the Subscriber that it has
removed or disabled access to the Third Party Content.
To be effective, a Counter Notification must be a written communication provided to WorkProList's Designated Agent at email@example.com that includes substantially the following:
1. A physical or electronic signature of the Subscriber;
2. Identification of the material that has been removed or to which access has been
disabled and the location at which the material appeared before it was removed or access to it was disabled;
3. A statement, as follows: "I swear under penalty of perjury that it is my good faith belief
that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled";
4. The Subscriber's name, address, and telephone number, and a statement that the
Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the Subscriber's address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which WorkProList may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person.
Upon receipt of a Counter Notification containing the information as outlined in 1 through 4 above, the DMCA provides that the removed material will be restored or access re-enabled and WorkProList will comply with this requirement within a reasonable time (or as otherwise required by law), provided WorkProList's Designated Agent has not received notice from the original complaining party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on WorkProList's network or system.
Merchants advertising on the Site shall also be bound to the terms and conditions set forth in our Advertiser Agreement, which is incorporated herein by reference.
COPYRIGHTS AND TRADEMARKS
All content, graphics, photographs, format, design, the user interface and other copyrighted material on the Site (collectively, "materials") are protected by copyright law and other intellectual property laws, and are owned by WorkProList, Merchants and/or licensors (as the case may be). The materials from the Site are only available for informational and non-commercial offline use, provided that: the materials are not modified in any way; all copyright and other proprietary notices and markings are retained and reproduced in their entirety on any copy made from any material on the Site; and WorkProList has, in its sole discretion, given its prior written approval to such use of the Site's materials. Any requests to re-use the Site's materials should be sent to: firstname.lastname@example.org.
WorkProList is a trademark of WorkProList, Inc. Any other product names, marks, symbols, trade names, company names and/or logos which appear within the Site are the property of their respective owners and appear through the courtesy of, and/or a license from, such owners. Such marks, in addition to the WorkProList trademarks, are protected by US law, including, but not limited to, its laws on trademark and unfair competition, and may also be protected by the laws in other countries.
Copyright © 2010 WorkProList, Inc. All rights reserved.
Last Modified December 30, 2010
Information We Collect.
We collect both Personal Information and non-personally identifiable information through this Site to learn more about how our visitors use this Site and to measure areas of interest. Collection of information allows us to build features and functionality that will enhance your experience. Personal Information may be collected when you register or submit information on our Site. We collect non-personally identifiable information through the use of General Tracking Information and Click Path Tracking (cookie technology) described below.
Use of Non-Personally Identifiable Information.
We keep track of the pages visited by each user. Our Web server automatically collects some information about you when you request pages from our server, including your IP address. Your IP address is a number that is used by computers connected to the Internet to identify your computer so that data (such as the Web pages you request) can be sent to you. We aggregate this data with data on the pages visited by other users to track overall visitor traffic patterns. We use this information to improve our Site by making it more responsive to the needs and preferences of our users. This information does not identify you personally.
Use of Personal Information.
In order to register on our Site, you may be required to provide Personal Information such as your name, email address, age, street address, city, state, zip code, comments, suggestions and/or other such information. Merchants who advertise with us on the Site are required to provide additional information, such as business name, phone number, contact name, type of business, credit card and/or other such information. We require Personal Information from you in order to learn more about how you use the Site, to measure areas of interest, to understand your needs and provide you with a better service, and to help us with internal record keeping. If you correspond with us or submit comments or suggestions, your Personal Information may be included in our internal database system. We may also use this information to respond to your emails, questions, comments and suggestions, notify you if you have been selected as a winner of a contest or sweepstakes, provide customer support, or other similar matters. In addition, we may send correspondence to the email and/or street address you provide to us which may include newsletters and information about us or third parties about which you may be interested. In certain instances you will have an opportunity to limit these uses at the time the information is collected. You also may limit the information that we send to you by following the instructions in Opt-Out Section below.
Disclosure of Personal Information to Others. We do not disclose your Personal Information to anyone outside of WorkProList, and its advertising and promotional agencies and consultants, unless you expressly give us permission to do so, or where we are required to do so by law, except as set forth below. In certain instances you will have an opportunity to limit these uses at the time the information is collected. You also may limit the information that we send to you by following the instructions in Opt-Out Section below.
1. We disclose information to third parties if you consent to such disclosure. For example,
if you give us permission to share your comments, we may post your comments on www.workprolist.com, or publish, display, distribute or reprint it in a related or third party publication. Additionally, if you indicate that you would like to receive information about the opportunities, products or services of third parties at the time you register, we supply your contact information to third parties who we believe may provide information that may be of interest to you for the purpose of sending you email or otherwise communicating with you.
2. We disclose information to companies and individuals we employ to perform functions
on our behalf. Examples include hosting our Web servers, analyzing data, providing marketing assistance, and providing customer service. These companies and individuals will have access to your personal information as necessary to perform their functions, but they may not share that information with any other third party.
3. We disclose information if legally required to do so, if requested to do so by a
governmental entity or if we believe in good faith that such action is necessary to: (a) conform to legal requirements or comply with legal process; (b) protect our rights or property or our affiliated companies; (c) prevent a crime or protect national security; or (d) protect the personal safety of users or the public.
4. We disclose and transfer information to a third party who acquires all or a substantial
portion of our business, whether such acquisition is by way of merger, consolidation or purchase of all or a substantial portion of our assets.
This Site is not intended for children under 18 years of age. We do not knowingly collect Personal Information from anyone under the age of 18. If you are under the age of 18, please do not provide your Personal Information. Do ask your parent or guardian to read the information on this Site with you, and if your parent or guardian decides to send us questions, comments, suggestions or other information, he or she will need to enter the Personal Information described above. If you transmit any information to us, regardless of the purpose of such transmission, you are representing to us that you are over the age of 18.
Right to Opt-in and Opt-out.
When you register with us, or if you provide additional personally identifiable information through our Site, we provide you with the right to “opt out” of receiving future communications from us for direct marketing purposes by locating and clicking on the appropriate box indicating that you decline such communications. You are also given the opportunity at any time after you register or provide additional information to opt-out from receiving any further communications from us for direct marketing purposes by following the instructions below.
You may choose to have your name taken off of our email list after you have registered or provided additional information, or review and/or update the information that you have provided to us by emailing us at email@example.com.
Links to Third-Party Websites.
We are committed to ensuring that your information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic, and managerial procedures to safeguard and secure the information we collect online. However, due to the open communication nature of the Internet, we cannot guarantee that communications between you and us, and us and you will be free from unauthorized access by third parties.
In order to provide us with feedback and comments about our Site, you may send us an email at firstname.lastname@example.org. If you contact us, you may be asked to provide Personal Information which may include your name, address, phone number, email address, and other such information.
Thank you for visiting WorkProList.com.
Effective Date: This policy was last updated on December 28, 2010.