Terms of Service

Revised: March 6, 2023

Introduction

Please read these Terms of Service (“Terms”) carefully before using any of the websites or applications (the “Service”) operated by Visual Workforce Inc. (“Visual Workforce”, “us”, “we”, or “our”). Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Visual Workforce and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress or any of our intellectual property may not be used in any manner without the prior written consent of Visual Workforce.

License of data

You have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership of, and right to use, any and all data, information, or material that you submit to the Service in the course of using the Service (“Processed Data”). Visual Workforce shall not be responsible or liable for any deletion, correction, destruction, damage, loss, or failure to store, or back-up any Processed Data, except for any data that is under Visual Workforce’s control. Without limiting the foregoing, Visual Workforce has no responsibility for unauthorized disclosure of any data during such time as such data is transmitted using the internet.

Visual Workforce shall have no responsibility or liability for any unauthorized disclosure of any Processed Data by you. You grant or will secure the grant to Visual Workforce, and to its necessary vendors, service providers, and other third-party contractors in connection with their duties to Visual Workforce, a worldwide, royalty-free, nonexclusive, right and license to use, reproduce, distribute, transmit, perform (publicly or otherwise), and make derivative works of, any and all Processed Data for purposes of making the Service available to you, and for Visual Workforce’s analytic, statistical, security, quality control, marketing, promotion, and similar purposes, so long as Visual Workforce does not disclose any information that Visual Workforce is aware is confidential or that could disclose any personally identifiable information of you or your customers in violation of our Privacy Policy. You represent and warrant to Visual Workforce, and any third party to which Visual Workforce may transfer the Processed Data, that you have the right to grant the foregoing licenses in the Processed Data.

Privacy

We care about the privacy of our users. Our collection and use of personally identifiable information and non-personally identifiable information is described in our Privacy Policies. Each site operated by Visual Workforce has its own Privacy Policy so please access the Privacy Policy using the link provided on the site. By using the Service, you agree to the collection of such information, and to have your personal data collected, used, transferred to, and processed in the United States.

Acceptable use

You agree not to misuse the Service. Examples of misuse include, but are not limited to, the following:

  • Access or use of the Services by any means other than our publicly supported interfaces

  • Use of the Service for any unlawful purposes or for the promotion of illegal activities;

  • Upload or Post any Content on the Service in violation of any applicable law, including intellectual property laws and right of privacy or publicity laws, or any contractual obligation;

  • Access, tamper with, or interfere with another user’s environment or other resources not explicitly assigned to you;

  • Disrespect, insult, or denigrate other people, including other users of the Service and Visual Workforce personnel;

  • Use of the Service to impersonate someone else, misrepresent your affiliation with a person or an organization in a manner that is intended to deceive or confuse others;

  • Publish or post other people’s private or personal information, such as email, phone number, or address, without their express authorization and permission;

  • Send unsolicited communications, promotions or advertisements, or spam;

  • Publish or link to malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy;

  • Attempt to access or tamper with our computer systems, network, or other infrastructure components;

  • Probe, scan, or test the vulnerability of our system or network or breach or circumvent any security or authentication measures;

  • Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or

  • Interfere with, or disrupt, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail- bombing the Service, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Service.

    We may investigate and suspend your access to the Service if we have reasonable suspicion that you have violated any of the above rules.

Monitoring

We reserve the right to monitor your use of the Service to provide guidance and assistance in the use of the Service, and to monitor your conformance with these Terms. You acknowledge and hereby consent to such monitoring. Please refer to the website-specific Privacy Policy for specific information on what data we collect and how we use it.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Links to other web sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Visual Workforce. Visual Workforce has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Visual Workforce shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Indemnification

You agree to defend, indemnify and hold harmless Visual Workforce and its licensee and licensors, and its employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service or b) your breach of these Terms.

Limitation of liability

IN NO EVENT SHALL VISUAL WORKFORCE, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or plan of performance.

Visual Workforce and its subsidiaries, affiliates, and licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Governing law

These Terms shall be governed and construed in accordance with the laws of the Commonwealth of Virginia, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. The Service is controlled and operated from its facilities in the United States. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other countries do so at their own volition and are entirely responsible for compliance with local laws and regulations. You may not use the Service if you are a resident of a country embargoed by the United States.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Contact us

If you have any questions about these Terms, please contact us support@visualworkforce.com.