Will U Work

Privacy Policy

WilluWork User Agreement

This agreement ("Agreement") between the Company and WilluWork, LLC. (the "Program") standard terms and conditions. "You" or "Your" means any entity identified in an enrollment form submitted by the same or affiliated persons, and/or any agency, and/or any network acting on its (or their) behalf, which shall also be bound by the terms of this Agreement.

1. Program Participation.

a. Description. You may use the Program to contact Your employees. You are solely responsible for: (i) Your use of the service generated by the Program, and (ii) Your employees information.

b. Policies. Participation in the Program is subject to WilluWork's prior approval and Your continued compliance with all applicable.

c. Beta Features. Some or all the Program features may be identified as "Alpha," "Beta," "Ad Experiment," or otherwise unsupported ("Beta Features"). To the fullest extent permitted by law, Beta Features (and the existence thereof) are deemed Confidential Information (as defined below), provided "as is" and at Your option and risk.

2. Prohibited Uses. You will not, and will not authorize any party to: (a) except as otherwise expressly set forth in this Agreement, grant any use, access, or rights to the Program or any technology associated with the Program to any third party; (b) modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Program, content, data, routines, algorithms, methods, ideas design, user interface techniques, software, materials, and documentation; (c) transfer, sell, lease, syndicate, sub-syndicate, lend, or use for co-branding, timesharing, service bureau or other unauthorized purposes the Program or access thereto (including, but not limited to any part, copy or derivative thereof); (d) remove, obscure, or alter any notice of copyright, trademark, trade secret, or other proprietary right related to the Program; and (e) use the Program: (x) to link or merge any data to or with any personally identifiable information ("PII"), or (y) to derive PII therefrom, in each case without the prior affirmative consent (opt-in) of the natural person identified by the PII; or (j) transmit any information to WilluWork in violation of any applicable law, regulation or Policy or in a manner that includes any PII or unique identifier for an individual or household, whether or not it is PII.

3. Confidential Information; Data Use; Security; Publicity.

a. Confidential Information. Neither party will disclose the other party's Confidential Information (as defined below) without the other's prior written consent except for the purpose of performing its obligations under this Agreement, as otherwise permitted by this Agreement, or if required by law, regulation or court order, in which case, the party being compelled to disclose the Confidential Information will give the other such party as much notice as is reasonably practicable prior to disclosing such information. Each party will not disclose the terms or conditions of these Terms to any third party, except to its professional advisors under a strict duty of confidentiality or as necessary to comply with a government law, rule or regulation. Upon termination of this Agreement, the parties will promptly return or destroy all Confidential Information and, upon request, provide written certification of such destruction. "Confidential Information" means any proprietary data and any other confidential information disclosed by one party to the other party in connection with this Agreement in writing and marked "confidential" or disclosed orally and identified as being confidential. The existence of this Program will be deemed Confidential Information. Notwithstanding the foregoing, Confidential Information will not include any information (i) that is or becomes known to the general public through no fault of the receiving party, (ii) which is already in the receiving party's possession prior to disclosure by a party, (iii) or which is independently developed by the receiving party without the use of the Confidential Information. Neither party may make any public statement regarding the relationship contemplated by this agreement without the other's prior written approval.

b. Data Use. WilluWork will not disclose Data that is directly attributable to You with any third parties unless

c. Security. You will use industry best computing practices, use only trusted networks, and well-maintained secure computers to access the Program and to access and process reports in connection with the Program. Additionally, You will use industry best practices to safeguard Program reports that WilluWork may provide to You from time to time. You acknowledge that the security of delivered reports is outside of WilluWork's control and You will be solely responsible for any unauthorized access to such reports or breach of security relating to such reports. You may provide access to such reports only to its employees who have a legitimate need to know under a strict duty of confidentiality. Your use of such reports will comply with Your privacy policy and You may maintain such reports for a period of eighteen (18) months.

d. Publicity. You agree that WilluWork may use Your name and logo in presentations, marketing materials, customer lists, financial reports, and Web site listings. You may not use WilluWork's name in any news release, public announcement, advertisement, or other form of publicity in relation to this Agreement without securing the prior written consent of WilluWork.

4. Agency; Accounts. You represent and warrant that You are authorized to act on behalf of, and have bound to this Agreement the Company. You will protect any passwords related to Your use of the Program and You are responsible for Your own, and any third party's, use of any of Your accounts and information included therein (including any accounts linked to Your accounts).

5. Representations and Warranties. You represent and warrant that: (a) all information You provide to WilluWork is complete, correct and current; (b) You will use reasonable efforts to ensure that each publisher complies with all applicable laws and regulations; (c) You have all necessary right, power, and authority to enter into this Agreement and to perform the acts required of You hereunder; and (d) You have complied with, and will continue to comply with, all applicable laws, statutes, ordinances, and regulations (including without limitation the CAN-SPAM Act of 2003 and any relevant data protection or privacy laws) in Your performance of any acts hereunder; and (e) You will not use the Program to contact non-employees.

6. Your Obligation to Indemnify. You agree to indemnify, defend and hold WilluWork, its agents, affiliates, subsidiaries, directors, officers, employees, and applicable third parties (e.g. relevant publishers, licensors, licensees, consultants and contractors) (collectively "Indemnified Person(s)") harmless from and against any and all third party claims, liability, loss, and expense (including damage awards, settlement amounts, and reasonable legal fees), brought against any Indemnified Person(s), arising out of, related to or which may arise from Your use of the Program and/or Your breach of any term of this Agreement.

7. Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT, AND TO THE FULLEST EXTENT PERMITTED BY LAW:

A. WILLUWORK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION FOR NONINFRINGEMENT, SATISFACTORY QUALITY, MERCHANTABILITY AND FITNESS FOR ANY PURPOSE.

B. YOU ARE SOLELY REPONSIBLE FOR THE CONTROL, OPERATIONS AND SECURITY OF YOUR INTERNET TRANSACTIONS AND COMMUNICATIONS THROUGH, ACCESS TO, OR USE OF THE PROGRAM, AND WILLUWORK DISCLAIMS, AND YOU HEREBY WAIVE, ANY SUCH RESPONSIBILITY OR AUTHORITY IN WILLUWORK.

8. Limitation of Liability. EXCEPT FOR INDEMNIFICATION AMOUNTS PAYABLE TO THIRD PARTIES HEREUNDER AND CUTOMER'S BREACHES OF SECTION 1(c), AND TO THE FULLEST EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTIONS OF DATA OR FOR ANY LOSS OR INTERRUPTSAN TO YOUR BUSINESS) WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE) OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY; AND (b) EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER IS LIMITED TO THE GREATER OF (x) FEES PAID IN THE LAST THREE (3) MONTHS, OR (y) $1,000.00. Neither party is liable for failure or delay resulting from a condition beyond the reasonable control of the party, including without limitation to: (i) acts of God, government, terrorism, natural disaster, labor conditions and power failures; (ii) outages to any public Internet backbones, networks or servers; and/or (iii) failure of Your or publisher's equipment, systems or local access services.

9. Term & Termination. This Agreement will have a term of one (1) year from the latest of the signature dates below and will expire on the anniversary of such date. WilluWork may cancel or suspend immediately any of its Programs. Either part may terminate this Agreement at any time with notice. Sections 1(c), 3, 4, 5, 6, 7, 8, and 9 will survive any expiration or termination of this Agreement.