Openwork Website Terms of Use

These terms govern your use of the sites, as defined below. If you do not agree with the terms and conditions of these terms, you are not granted permission to access or otherwise use the sites.

Acceptance of Terms of Use. These Terms of Use (these "Terms"), state the terms and conditions under which you may use the website and any services offered on such website or webpages owned and operated by Openwork Holdings, Inc., or any of its affiliates and subsiaries (“Openwork”, “We” or “Us”), which may include the internet domain www.openwork.com, its sub-sites, and its mobile applications (collectively, the "Sites"), all data, text, graphics, news, reports, and other materials as well as third party content available through the Sites (collectively, the "Content") and all services, member portals, and reporting channels available through the Sites (the "Services"). Please read these Terms carefully. By using the Services or accessing the Sites, you acknowledge that you have read, understood and agreed to be legally bound by these Terms.

The Services and Content offered on the Sites may be subject to additional terms and conditions described on such Sites for those Services or information, and additional licensing terms may apply for software that are disclosed on the Sites or distributed with such software. In particular, your access to the Avionte staffing platform will be subject to the additional terms and conditions made available to you upon such access.

We reserve the right to update or modify these Terms at any time and from time to time. When we make changes to these Terms, we will revise the "last updated" date at the top of these Terms. We encourage you to periodically review these Terms. Your continued use of the Sites after any changes or revisions to these Terms, regardless of whether you have reviewed the updated version, shall indicate your agreement to be bound by these Terms.You acknowledge that Openwork has the right to terminate your access to the Sites or Service for any violations of these Terms or at its convenience.

Personal and Non-Commercial Use. The Sites are made available for your personal, non-commercial use only. Except as provided by specific terms governing a particular Service, product, or information, you may not modify, copy, distribute, transmit, display, transform, perform, reproduce, publish, license, create derivative works from, transfer, or sell any of the information, software, products, or Services obtained from the Sites. No information, Content, Services, or any other elements on the Sites may be used to compete with Openwork. Any attempted or confirmed activity contrary to these Terms will be a material breach hereof and may result in our blocking your future access of the Sites or use of the Services.

Registration.You may be required to register with Openwork in order to access certain areas of the Site. In the course of registration, you must: (i) provide true, accurate, current and complete information on the registration form and (ii) maintain and promptly update such registration information as necessary to maintain its currency and accuracy.

If, after investigation, we have reasonable grounds to suspect that any information you have provided is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and prohibit any and all current or future access to the Sites (or any portion thereof) or use of the Services by you. You may not use a username (or e-mail address) that is already being used by someone else, that would violate any prohibitions herein, or that we reject for any other reason in our sole discretion. Your username and password are for your personal use only, and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to lend or transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interactions with the Sites that occur in connection with your password or username. You agree to notify Openwork immediately of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you “log off”/exit from your account with the Site (if applicable) at the end of each session. Openwork is not liable for any loss or damage arising from a user's failure to comply with this Section, including any loss or damage arising from any user's failure to immediately notify Openwork of any unauthorized use of his or her password or account or any other breach of security and ensure that he or she “logs off”/exits from his or her account at the end of each session.

No Unlawful or Prohibited Use. You agree that you will not use the Sites or the information, products, or Services available from them for, or to further, any unlawful purpose. Additionally, you will NOT: (A) upload, post, email, transmit, or otherwise make available any content that (i) is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable or harmful to another party, (ii) you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements), (iii) infringes any patent, trademark, trade secret, copyright, or other intellectual property right of another party, (iv) is unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” website links, or any other form of content for the purpose of solicitation, (v) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (vi) consists of forged or manipulated information that disguises the true origin of any content you provide, or (vii) impersonates another person or entity, including, but not limited to, a Openwork employee, forum leader, guide or host, or falsely states or otherwise misrepresents your affiliation with a person or entity; (B) collect or store personal data about other users in connection with any prohibited conduct and activities; (C) use the Sites in any manner that could damage, disable, overburden, or impair any server, or network(s) connections; (D) disobey any requirements, procedures, policies, or regulations of networks connected to the Sites; (E) interfere with any other party's use and enjoyment of the Sites; (F) attempt to gain unauthorized access to any Site content, other accounts, computer systems, or networks connected to any server through hacking, password mining, scraping, or by any other means to obtain any materials or information not intentionally made available on the Sites; or (G) intentionally or unintentionally violate any applicable local, state, national, or international law.

User Submissions. Certain Sites may enable users to submit content, email, or other information that will be made available to other users of the Sites (e.g., a forum, blog site, or in postings) or directly to Openwork. You understand and agree that Openwork: (a) is NOT responsible for the content of user submissions, (b) has no obligation to remove any user-submitted content, and (c) has sole discretion to determine whether any user submitted content violates these Terms and take action or inaction based on that determination.If you submit content or information to a Site or Service that makes your content available to other users, you represent and agree that: (i) your content is not prohibited by these Terms; (ii) you are solely responsible for the form, content, and accuracy of any material you submit to a Sites; (iii) you are granting Openwork a royalty-free, perpetual, irrevocable, non-exclusive license (including a waiver of any moral rights) under your intellectual property rights to use, reproduce, modify, adapt, translate, publish, transfer, create derivative works of, publicly display, publicly perform sell and redistribute your content, know-how, ideas, techniques and elements of submissions (in whole or in part) worldwide, and to incorporate such content, know-how, ideas, techniques and elements of submissions in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content; and (iv) Openwork is not obligated to exercise the rights you granted above.For the avoidance of doubt, any ideas, concepts, know-how, or techniques contained in any communication or material you send to Openwork via email or through the Sites for any purpose whatsoever, will be considered non-confidential and non-proprietary.

Community Content. Your rights to access, use, copy and distribute any user and community-generated information or content (including other users’ Contributions, as defined below, or third-party apps or content made available on Openwork’s community sites, collectively “Community Content”) is subject to the relevant terms and conditions or license agreement attached to such Community Content. If there are no specific terms and conditions or license agreement attached to such Community Content, the licenses and restrictions under these Terms will apply.

Intellectual Property Rights in the Sites. You acknowledge that the Sites and various elements contained therein are protected by copyrights, trademarks, trade secrets, patents, or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed. As between you and Openwork, you also acknowledge and agree that the Content is and shall remain the property of Openwork. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Content. You may not modify, publish, reproduce, transmit, redistribute, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part. You maynot use any of the information presented on the Sites in any manner to bring a claim of action against Openwork in any jurisdiction.

Trademarks. Openwork, the Openwork logos, and other marks are trademarks and service marks of Openwork (the "Openwork Trademarks") or of third parties. Nothing on the Sites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Openwork Trademarks or third party marks displayed on the Sites, without prior written permission in each instance. All goodwill generated from the use of the Openwork Trademarks will inure to our benefit.

Third-Party Content and Links: Certain Sites may display content provided by third parties, links to third-party web pages, or both, including advertisements and solicitations to purchase their products or services. As consideration for our making this third-party content available or accessible to you, you acknowledge that Openwork is not responsible for the third-party content. You also agree that Openwork IS NOT responsible or liable for any losses or damages you experience with any third-party content you chose to rely upon or advertisements you respond to, and that you must contact the third party directly for any remedies that may be available to you.

SECURITY OF THE SITES. ACTUAL OR ATTEMPTED UNAUTHORIZED USE OF THE SITES MAY RESULT IN CRIMINAL AND/OR CIVIL PROSECUTION. WE RESERVE THE RIGHT TO VIEW, MONITOR, AND RECORD ACTIVITY ON THE SITES WITHOUT NOTICE OR PERMISSION FROM YOU, SUBJECT ONLY TO OUR PRIVACY POLICY. ANY INFORMATION OBTAINED BY MONITORING, REVIEWING, OR RECORDING IS SUBJECT TO REVIEW BY LAW ENFORCEMENT ORGANIZATIONS IN CONNECTION WITH INVESTIGATION OR PROSECUTION OF POSSIBLE ILLEGAL ACTIVITY ON THE SITES. WE WILL ALSO COMPLY WITH ALL COURT ORDERS AS WELL AS ALL LAW ENFORCEMENT AND REGULATORY INQUIRIES INVOLVING REQUESTS FOR SUCH INFORMATION.

DISCLAIMER OF WARRANTIES.YOU ACKNOWLEDGE AND AGREE THAT THE SITES, THE CONTENT, AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NONE OF Openwork, ITS AFFILIATES, SUBSIDIARIES OR ITS OR THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE "Openwork PARTIES") GUARANTEES THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, SUITABILITY OR USEFULNESS OF ANY PORTION OF THE SITES, THE CONTENT, OR THE SERVICES. NONE OF THE Openwork PARTIES WARRANT THAT THE SITES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT THE SITES, ITS SERVER OR ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SITES ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ELEMENTS. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITES AND THE ACCURACY, TIMELINESS OR COMPLETENESS OF THE CONTENT OR SERVICES IS ASSUMED SOLELY BY YOU. NONE OF THE Openwork PARTIES MAKE ANY, AND HEREBY SPECIFICALLY DISCLAIM ANY AND ALL, REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, AND WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITES, THE CONTENT, AND THE SERVICES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SITES IS TO STOP USING THE SITES.

No Responsibility for Connectivity. You agree that you are responsible for the means you use to access the Sites and all costs associated therewith. You understand that we are not responsible for the performance of your hardware, software, the Internet, your Internet service provider and other third parties involved in connecting you to the Sites.

LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES WILL ANY OF THE Openwork PARTIES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITES. IN NO EVENT SHALL ANY OF THE Openwork PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO THE SITES, THE CONTENT, THE SERVICES, OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF FORESEEABLE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS Openwork'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITES AND USE OF THE CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITES, THE SERVICES, AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINMENT OF CONTENT THROUGH THE SITES OR SERVICES AND ANY ASSOCIATED SITES OR SERVICES, ARE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICES), OR A LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OR WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Indemnification. To the fullest extent permitted by law, you shall indemnify, defend and hold harmless the Openwork Parties from any and all claims (including without limitation any proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency or commission), demands, damages, costs and liabilities, including reasonable attorneys’ fees, arising out of or in connection with: (i) any of your content, including an assertion that the information, content, or other materials or services provided or made available by you or the use thereof, may infringe any copyright, trademark, or other intellectual property rights of any individual or entity, or misappropriate any individual or entity's trade secret, or contain any libelous, defamatory, disparaging, pornographic, or obscene materials; (ii) any breach by you of your obligations under these Terms; (iii) your unlawful and/or unauthorized use of, or activities in connection with this Site. The foregoing indemnities shall survive expiration or termination of these Terms.

Use of Personal Data. Your use of the Sites may involve the transmission to us of certain personally-identifiable information ("Personal Data"). Our policies with respect to the collection and use of Personal Data are governed according to our Privacy Policy, on our Site, which is hereby incorporated by reference in its entirety.

Electronic Communications and Contracting. The Sites may contain additional agreements and disclosures in electronic form. By assenting to these Terms, you agree that a printed version of these Terms and other agreements entered into by you on the Sites in electronic form shall be admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Miscellaneous. In the event that any portion of these Terms is held to be invalid or unenforceable, then such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms shall remain in full force and effect. The sections of these Terms entitled limitation of liability, indemnification, miscellaneous shall survive the termination of these Terms. The paragraph headings herein are provided only for reference and shall have no effect on the construction or interpretation of these Terms. You expressly absolve and release the Openwork Parties from any claim of harm resulting from a cause beyond their control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorist activities or governmental restrictions. You may not assign these Terms. No waiver of any provision of these Terms shall be effective unless in writing. Neither the course of conduct between you and Openwork nor trade practice shall act to modify any provision of these Terms.

Electronic Communications. By using the Services, you consent to receiving electronic communications from Openwork. You agree that any notices, agreements, disclosures, or other communications that Openwork sends to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

Further Information. Questions, comments or feedback regarding the Sites, including any reports of non-functioning links, should sent to us via email at hi@openwork.com. We try to answer every email in a timely manner but are not always able to do so.