WorkLifeValue LLC Terms and Conditions of Use

This agreement was last revised on January 16, 2015

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE AND THE SERVICES OF WORKLIFEVALUE LLC. All users of this Site (www.worklifevalue.com) and WorkLifeValue LLC services agree that access to and use of this Site and services are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this Site or WorkLifeValue LLC services.

Data Collection and Privacy Policy

Users of the Site may be asked to provide data through a form or other entry method on the Site.  Such data will never include personally identifiable information (PII) or sensitive information (SI), as those terms are understood by the United States Federal Trade Commission and other relevant authorities, and WorkLifeValue LLC will not collect PII or SI, in the form of IP addresses or otherwise, without user consent specifying the authorized use of such PII and/or SI. Users are under no obligation to provide any data whatsoever.  Users agree that any data submitted to WorkLifeValue LLC that is neither PII nor SI may be used for any purpose whatsoever by WorkLifeValue LLC, including uses that may generate intellectual property rights through the aggregation and analysis of user-submitted data.  All such intellectual property rights will be wholly owned by WorkLifeValue LLC, and users will have no claim, right, or other interest to data submitted to WorkLifeValue LLC.

Copyright
The entire content included in this Site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of WorkLifeValue LLC, Copyright 2015, ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this Site for the solely for the purpose of providing information to those wishing to use WorkLifeValue LLC services, or for your own non-commercial use. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Site is strictly prohibited, unless authorized by WorkLifeValue LLC. You further agree not to change or delete any proprietary notices from materials downloaded from the Site.

Trademarks
All trademarks, service marks and trade names of WorkLifeValue LLC used in the Site, including the phrases “WorkLifeValue Framework,” “People Experience Assessment,” and “PX” are trademarks or registered trademarks of WorkLifeValue LLC.  Their use is restricted accordingly.

Indemnification
You agree to indemnify, defend, and hold harmless WorkLifeValue LLC, its officers, directors, employees, agents, licensors, attorneys, and vendors (collectively the “Affiliated Parties”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Site using your Internet account or using the services on your behalf.

Linking to the Site

You may provide links to the Site, provided (a) that you do not remove or obscure, by framing or otherwise, advertisements, the copyright notice, or other notices on the Site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Site immediately upon request by WorkLifeValue LLC.

Errors, Corrections, and Changes

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time.  We will do our best to update the Site as promptly as possible, however we reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

Disclaimer

THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE SITE AND/OR WORKLIFEVALUE LLC SERVICES ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED IN THE LIMITATION OF LIABILITY SECTION 2 BELOW, IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE SERVICES, DOCUMENTS AND INFORMATION PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. 
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT OR ANY SOFTWARE OR PROGRAM USED BY WORKLIFEVALUE LLC TO PROVIDE SERVICES IS DISCLAIMED.

Limitation of Liability

  1. We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (a) any errors in or omissions from the Site or any services or products obtainable therefrom, (b) the unavailability or interruption of the Site or any features thereof, (c) your use of the Site, (d) the content contained on the Site, or (e) any delay or failure in performance beyond the control of an Affiliated Party.
  2. THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS, INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.

Legal Compliance

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and the services provided by WorkLifeValue LLC.

Miscellaneous Provisions

This Agreement shall be treated as though it were executed and performed in State of Illinois, United States of America, and shall be governed by and construed in accordance with the laws of the State of Illinois (without regard to conflict of law principles). Any cause of action by you with respect to the Site or WorkLifeValue LLC Services (and/or any information, documents, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Sections labelled “Disclaimer” and “Limitation of Liability” above. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. This Agreement and all incorporated agreements and your information may be automatically assigned by us in our sole discretion to a third party in the event of an acquisition, sale or merger. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.

Arbitration

With respect to any controversy or claim that arises under the terms of this Agreement and that is not resolved through negotiation, you agree to seek resolution of such controversy or claim through arbitration in Cook County, Illinois, in accordance with the current Commercial Arbitration Rules of the American Arbitration Association, and judgment on the award entered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The costs of arbitration shall be allocated among the parties as directed by the arbitrator(s).