Workerbee Legal Disclaimer and General Terms of Use

Last updated on February 28th, 2024

The information contained in this Site is for general guidance on topics selected by Workerbee Marketplace, LLC, a Delaware limited liability company (“Workerbee”). Such information is provided on a blind-basis, without any knowledge as to the reader’s industry, identity, or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may also be delays, omissions, or inaccuracies in information contained on this Site. The information on this Site is provided with the understanding that Workerbee and various authors and publishers’ providing such information does not constitute the rendering of legal, accounting, tax, career or other professional advice or services. As such, information on this Site should not be relied upon or used as a replace substitute for consultation with professional advisors.

Please read these terms of use carefully. These terms may have changed since your last visit to this internet website (“Site”). By using this Site, you indicate your acceptance of these terms. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE SITE.

ACCESS TO THIS SITE

Workerbee may alter, suspend, or discontinue this Site at any time for any reason, without notice or cost. The Site may become unavailable due to maintenance or malfunction of computer equipment or other reasons. By using this Site, you agree to indemnify, hold harmless and defend Workerbee and its owners, members, officers, employees, contractors, agents and representatives and it’s parents, affiliates and subsidiaries, and their owners, members, officers, employees, contractors, agents and representatives if any from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys’ fees, resulting directly or indirectly from a claim by a third-party that is based on your use of this Site in violation of these terms.

ACCESS TO SERVICES AND ACCOUNTS; ACCEPTABLE USE

Without limiting any other provision in this Agreement, you agree we may take any of the following actions in our sole discretion at any time, and without giving you prior notice:

Change, suspend or discontinue all or any part of the Services;
Remove Content from the Services;
Restrict, suspend or terminate your access to one or more Services or features thereof; and
Deactivate your accounts and delete all related information and files in your accounts.

We will not be liable to you or any third-party for taking any of these actions and we will not be limited to the remedies above if you violate this Agreement. You further acknowledge and agree that even if a copy of the Application continues to reside on your device, after we make changes in our product or services offerings, the Application may not work as it did prior to such action, and we will have no liability to you or any third-party as a result.

Without limiting any other provision in this Agreement, you agree not to do the following, or assist others to do the following:

Access the Services using any interface other than ours;
Maintain any link to the Services that we ask you to remove, in our sole discretion;
Frame the Services or Content, make the Services or Content available via in-line links, otherwise display the Services or Content in connection with an unauthorized logo or mark, or do anything that could falsely suggest a relationship between us or our affiliates and any third-party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
Threaten, defame, stalk, abuse, or harass other persons or engage in illegal activities, or encourage conduct that would constitute a criminal offense or give rise to civil liability;
Transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
Violate any person’s or entity’s legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices;
Transmit files that contain viruses, spyware, adware, or other harmful code;
Advertise or promote goods or services without our permission (including, without limitation, by sending unsolicited email);
Remove, modify, disable, block or otherwise impair any advertising in connection with the Services;
Interfere with others using the Services or otherwise disrupt the Services;
Disassemble, decompile or otherwise reverse engineer any software or other technology included in the Content or used to provide the Services;
Transmit, collect, or access personally identifiable information about other users without the consent of those users and us;
Engage in unauthorized spidering, “scraping,” data mining or harvesting of Content, or use any other unauthorized automated means to gather data from or about the Services;
Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit;
Remove, avoid, interfere with, or otherwise circumvent any access control measures for the Services or Content, including password-protected areas and geo-filtering mechanisms, or any digital rights management measures used in connection with Content; or
Access any portion of the Services that we have not authorized you to access (including password-protected areas), link to password-protected areas, attempt to access or use another user’s account or information, or allow anyone else to use your account or access credentials.
Directly or indirectly use any of the Workerbee Specialist Profile or the Workerbee Agency Profile Information or other Workerbee proprietary, business or confidential information or Workerbee’s intellectual property (IP) to procure services of a Specialist or Agency listed with Workerbee except through the Workerbee Platform, its Products and Services, without Workerbee’s prior written consent, which consent may in Workerbee’s sole discretion be withheld.

If you violate this Agreement, we may terminate your access to the Services without notice, and take any other actions or seek any remedies permitted by law.

If we terminate your access to any of the Services, you must immediately stop using such Service. If we terminate your access to a paid Service because you breached this Agreement, you will not be entitled to any refund.

COPYRIGHT AND TRADEMARK INFORMATION

This Site and all the information it contains, or may in the future contain, including, but not limited to, articles, white papers, press releases, opinions, text, directories, guides, photographs, illustrations, trademarks, trade names, service marks and logos (collectively, the “Content”), is the property of Workerbee, its parents, affiliates, subsidiaries, and licensors, and is protected from unauthorized copying and dissemination by U.S. Copyright law, trademark law, international conventions, and other intellectual property laws. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Site or any Content displayed on this Site, through the use of framing or otherwise, without the prior written permission of Workerbee or such third-party that may own the trademark or copyright of material displayed on this Site.

Subject to your full compliance with these terms, Workerbee authorizes you to view the Content, make a single copy of it, and print that copy, but only for your own lawful, personal, noncommercial use, provided that you maintain all copyright, trademark and other intellectual property notices contained in such Content, and provided that the Content, or any part thereof, is not modified.

USER SUBMISSIONS

Some of the Services may allow you to submit or transmit text or other materials, including so-called “user generated content” and “feedback” (collectively, “User Submissions”) to or through the Services. When you provide User Submissions, you grant to us and our parents, subsidiaries, affiliates and partners a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, fully sublicensable license to use, reproduce, archive, edit, translate, create derivative works of, make available, distribute, sell, display, perform, transmit, broadcast and in any other way exploit those User Submissions, and any names, voices, likenesses and other identifying information of persons that is part of those User Submissions, in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your User Submissions.

You shall not transmit, submit or post the following to our Services:

Information that infringes our or any third-party’s copyright, patent, trademark, trade secret or other proprietary rights;
Information that violates any law, statute, ordinance or regulation;
Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to us or third parties or that infringes on our or any third-party’s rights of publicity or privacy;
Information that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
Information containing or constituting chain letters, mass mailings, political campaigning, or any form of “spam”;
Information that is false, inaccurate or misleading;
Commercial advertisements or solicitations without our written permission; or
Federally trademarked and/or copyrighted information without our prior written permission.

We respect your ownership of User Submissions. If you owned a User Submission before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in this Agreement and any access granted to others. Please note that if you delete a User Submission from the Services:

The User Submission may still exist in our backup copies, which are not publicly available.
If your User Submission was shared with third parties, those third parties may have retained copies of your User Submissions, and neither we nor our affiliates have any responsibility for any uses of your User Submission that they might make.
We retain the license specified above. Thus, for example, if we or one of our sublicensees obtained your user Submission for use in creating a derivative work before you deleted it, we or our sublicensee would remain free to complete the creation of that derivative work and thereafter exploit that derivative work for all purposes and at all times.

We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our affiliates will be liable for User Submissions or any loss or damage resulting from User Submissions, or for any action or inaction regarding transmissions, communications, or content provided by any other user or third-party in connection with or otherwise arising out of the Services.

Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.

You bear all responsibility for your User Submissions. You represent and warrant that you have all rights necessary to grant to us the license above and that your User Submissions do not violate this Section.

If you provide us with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to us all rights in the Feedback and agree that we shall have the right to use such Feedback and related information in any manner it deems appropriate. We will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary.

Legal Complaints

We respect intellectual property rights, and this Agreement is intended to comply with the requirements of the Online Copyright Infringement Liability Limitation Act and the Digital Millennium Copyright Act. We will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the written information specified below:

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
A description of the copyrighted work that you claim has been infringed upon.
A description of where the material that you claim is infringing is located on the Services.
Your address, telephone number, and email address.
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Pursuant to the DMCA, written notification of claimed copyright infringement must be submitted to the following designated agent:

Attn: Privacy Officer
E-mail: support@myworkerbee.com

USER SUBMISSION INDEMNIFICATION

You will defend, indemnify and hold harmless us, our parents, subsidiaries, affiliates, and all of our respective shareholders, owners, members, directors, officers, employees, vendors, partners, contractors, agents, licensors or other representatives and all of their successors and assigns (collectively, the “Indemnified Parties”) with respect to all third-party claims, costs (including attorney’s fees and costs), damages, liabilities, and expenses or obligations of any kind, arising out of or in connection with your use or misuse of the Services (including, without limitation use of your account, whether or not authorized by you, and claims arising from User Submissions). We retain the right to assume the exclusive defense and control of any claim subject to indemnification, and in such cases you agree to cooperate with us to defend such claim. You may not settle any claim covered by this Agreement without our prior written approval.

DISCLAIMERS; LIMITATION OF LIABILITY

THE INDEMNIFIED PARTIES DO NOT WARRANT: (1) THAT THE SERVICES, ANY OF THE SERVICES’ FUNCTIONS OR ANY CONTENT WILL BE UNINTERRUPTED OR FREE OF ERRORS OR OMISSIONS; (2) THAT DEFECTS WILL BE CORRECTED; (3) THAT THE SERVICES OR THE SERVERS HOSTING THEM ARE FREE OF VIRUSES OR OTHER HARMFUL CODE; OR (4) THAT THE SERVICES OR INFORMATION AVAILABLE THROUGH THE SERVICES WILL CONTINUE TO BE AVAILABLE. THE INDEMNIFIED PARTIES SHALL HAVE NO LIABILITY FOR ANY SUCH ISSUES. THE INDEMNIFIED PARTIES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND AS TO QUALITY, AVAILABILITY AND SUBJECT MATTER OF CONTENT. THE SERVICES, INCLUDING ALL CONTENT AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SERVICES, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

YOUR ACCESS TO AND USE OF THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT) IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.

THE INDEMNIFIED PARTIES WILL NOT BE LIABLE FOR ANY FAILURE OR DELAY IN THEIR PERFORMANCE DUE TO ANY CAUSE BEYOND THEIR REASONABLE CONTROL, INCLUDING ACTS OF WAR, ACTS OF GOD, ACTS OF THIRD PARTIES, EARTHQUAKE, FLOOD, EMBARGO, RIOT, SABOTAGE, LABOR SHORTAGE OR DISPUTE, GOVERNMENTAL ACT, POWER FAILURE OR FAILURE OF THE INTERNET OR COMPUTER EQUIPMENT.

THE INDEMNIFIED PARTIES WILL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT), YOUR USE OF THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT), THIS AGREEMENT OR YOUR USER SUBMISSIONS, EVEN IF FORESEEABLE OR EVEN IF ONE OR MORE OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE, BUT EXCLUDING WILLFUL MISCONDUCT). IN NO EVENT WILL THE INDEMNIFIED PARTIES’ LIABILITY FOR OTHER DAMAGES EXCEED THE LESSER OF $100 OR THE AMOUNT PAID BY YOU TO US FOR ACCESS TO THE RELEVANT SERVICE IN THE THREE MONTHS PRECEDING THE CLAIM.

YOU ACKNOWLEDGE AND AGREE THAT IF YOU INCUR ANY DAMAGES THAT ARISE OUT OF THE INDEMNIFIED PARTIES’ ACTS OR OMISSIONS, THE DAMAGES, IF ANY, ARE NOT IRREPARABLE AND ARE NOT SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR OTHER EQUITABLE RELIEF RESTRICTING OPERATION OF THE SERVICES OR ANY OTHER SERVICE, PROPERTY, PRODUCT, OR OTHER CONTENT OWNED OR CONTROLLED BY THE INDEMNIFIED PARTIES.

LEGAL DISPUTES

You and we agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of this Agreement, your use of or access to the Services will be resolved in accordance with the provisions set forth in this Legal Disputes section. Please read this Section carefully. It affects your rights and will have a substantial impact on how claims you and we have against each other are resolved.

You agree that the laws of the State of Delaware, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and us, except as otherwise stated in this Agreement. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if applicable. Notwithstanding any other provision of this Agreement, we may seek injunctive or other equitable relief from any court of competent jurisdiction.

Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Services or this Agreement within one year after such claim or action accrued. Otherwise, you will waive the claim or action.

ARBITRATION/CLASS WAIVER

1. You and we each agree to resolve exclusively through final and binding arbitration any and all disputes or claims that have arisen or may arise between you and us (including any affiliates, officers, directors, employees, and agents), whether or not such dispute or claim involves a third-party, relating in any way to any aspect of our relationship or any contact between us, direct or indirect, or arising out of this or previous versions of this Agreement, your use of or access to our Services, or any products or services sold, offered, or purchased through our Services (“Dispute”).

You and we agree to submit the Dispute venued in Las Vegas, Nevada before a single arbitrator chosen under the then-current Commercial Arbitration Rules of the American Arbitration Association (AAA), including when applicable the Optional Rules for Emergency Measures of Protection and the Consumer Arbitration Rules, or, by separate mutual agreement, at another arbitration institution. The AAA’s rules, information regarding initiating a claim, and a description of the arbitration process are available at www.adr.org. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA rules.
The Federal Arbitration Act governs the interpretation and enforcement of this Section regarding our agreement to arbitrate any Dispute (“Agreement to Arbitrate”), and the arbitrability of the Dispute. The arbitrator will decide whether the Dispute can be arbitrated.

You and we agree that each of us may bring a Dispute against the other only on our own behalf, and not on behalf of a government official or other person or entity, or a class of persons or entities. You and we agree, if we are a party to the proceeding, not to participate in a class action, a class-wide arbitration, a claim brought in a private attorney general or representative capacity, or a consolidated claim involving another person’s use of the Site or our services. You and we agree not to combine a claim that is subject to arbitration under this Agreement with a claim that is not eligible for arbitration under this Agreement. YOU AND WE AGREE TO WAIVE THE RIGHT TO A TRIAL BY JURY FOR ALL DISPUTES.

2. Unless you and we agree otherwise, if the Agreement to Arbitrate is found by a court to be unenforceable, if your claim is not covered by the Agreement to Arbitrate, or if you neither are a resident of nor have a principal place of business in the US or Canada, you agree that any Dispute that has arisen, or may arise, between you and us must be resolved exclusively by a state or federal court located in the State of Nevada. You and we agree to submit to the personal jurisdiction of the courts located within Las Vegas, Neveda, for the purpose of litigating all such claims or disputes.

3. Notwithstanding any provision in the Agreement to the contrary, you and we agree that if we make a change to this Agreement to Arbitrate (other than a change to the notice address or the Site link provided herein) in the future, that change shall not apply to a claim that was filed in a legal proceeding between you and us prior to the effective date of the change. The change shall apply to all other disputes or claims governed by the Agreement to Arbitrate that have arisen, or may arise, between you and us. We will notify you of a change to this Agreement to Arbitrate by posting the amended terms on our Services at least thirty (30) days before the effective date of the change and/or by email.

JURISDICTIONAL ISSUES

Workerbee makes no representation that information on this Site is appropriate or available for use outside the United States. Those who choose to access this Site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

LINKS TO OTHER SITES

This Site may contain links to non-Workerbee Sites. These links are provided to you only as a convenience. Such linked Sites are not under the control of Workerbee and Workerbee is not responsible for the contents of any linked Site, or any link contained in a linked Site. The inclusion of any link does not imply endorsement by Workerbee of the Site, and Workerbee shall have no responsibility for information that is referenced by or linked to this Site.

SUBMISSIONS TO WORKERBEE AND AFFILIATED SERVERS

Any information, including but not limited to remarks, suggestions, ideas, graphics, or other submissions, communicated to Workerbee through Site is the exclusive property of Workerbee. Workerbee is entitled to use any information submitted for any purpose, without restriction (except stated in the Privacy Statement below) or compensation to the person sending the submission. The user acknowledges the originality of any submission communicated to Workerbee and accepts responsibility for its accuracy, appropriateness, and legality.

ENTIRE AGREEMENT

This is the entire Agreement between the parties relating to the subject matter herein and shall not be modified except in writing signed by both parties or by a new posting by Workerbee, as described above. If the terms and conditions of this Agreement conflict with any term or condition of a Customer’s agreement with us, then the terms and conditions of the Customer agreement shall govern. If the terms and conditions of this Agreement conflict with any term or condition of a Specialist’s agreement with us, then the terms and conditions of the Specialist agreement shall govern.

PRIVACY STATEMENT

Please go to myworkerbee.com/privacy-policy to view the privacy policy.

TEXT MESSAGE (SMS) TERMS OF USE

Your use of the SMS text message and alert service (“the Service”) is governed by the terms and conditions below. Use of the Service constitutes your acceptance of these terms, which take effect when you sign up for the Service. If you do not agree to these terms, please do not sign up for the Service.

Opting In

By subscribing, you consent to receiving SMS messages including notification or informational text messages about recruitment, employment-related, and marketing messages. The frequency of SMS messages varies. You represent that you are the owner or customary user of the wireless device you use to subscribe to the Service and that you are authorized to approve any applicable charges.