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Terms of Service

By using the workscore.com web site and all services of Reputation Networks, Inc. ("RNI"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").

RNI reserves the right to update and change these Terms of Service from time to time without notice. Any new features that augment or enhance the Service, including the release of new tools, features, and resources, shall be subject to these Terms of Service. Your continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://www.workscore.com/terms.html.

Violation of any of the terms below will result in the termination of your account with RNI. While RNI prohibits such violations, you understand and agree that RNI cannot be responsible for the content posted on the Service by other users. You agree to use the Service at your own risk.

Use of the Service

You must be 18 years or older to use this Service.

You must be human. Accounts registered by "bots" or other automated methods are not permitted.

You must provide your legal first and last name and a valid email address in order to sign up for this Service.

Your log in may only be used by you. A single log in shared by multiple people is not permitted.

You are responsible for maintaining the security of your account and password. RNI cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You will promptly notify RNI of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. Such notification should be sent via email to security at reputationnetworks dot com.

You are responsible for all Content (as defined below) posted and activity that occurs under your account.

You may not use the Service for any illegal or unauthorized purpose. Among other things, when using the Service, you agree to (i) refrain from violating applicable federal, state and international laws (including copyright laws), (ii) refrain from using the Service to harm minors; (iii) refrain from interfering with others' use of the Service; (iv) refrain from using the Service to invade the privacy of others, or to collect and use an individual's personal and private information or to gain or attempt to gain unauthorized access to other computer systems via the Service; (v) refrain from using the Service to create a false identity or to impersonate another person; and (vi) refrain from using the Service to advertise Internet sites or services. The foregoing rules set the minimum level of conduct that RNI expects from users of the Service. RNI also asks that you use common sense and be considerate towards other users. RNI reserves the right, at its sole discretion, to suspend or terminate your right to use the Service if you violate the aforementioned rules of conduct or engage in other conduct RNI deems offensive..

You will not, either knowingly or with reckless disregard, participate in any actions intended to interrupt or otherwise disrupt the Service. You agree to indemnify, defend and hold harmless RNI from and against any and all suits, losses, claims, demands, liabilities, damages, costs and expenses (including reasonable legal fees and expenses) arising from or relating to (i) your use of the Service; (ii) your breach of these Terms of Service or any representation, warranty or covenant made by you herein or therein; or (iii) your violation of any applicable law, statute, ordinance, regulation or any third party's rights, including but not limited to, copyright infringement, harm to a third party's trademark or other intellectual property rights, or any claim of defamation, libel or slander. This obligation survives any termination of these Terms of Service.

API Terms

Customers may access their WorkScore account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Workscore, is bound by the terms of this Terms of Service plus the following specific terms:

Abuse or excessively frequent requests of the Sites via the API may result in the temporary or permanent suspension of your account's access to the API. RNI, in its sole discretion, will determine abuse or excessive usage of the API. RNI will make a reasonable attempt via email to warn the account owner prior to suspension.

RNI reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.

Company Accounts

Written management authorization will be required to open a Company Account. The Service is billed annually in advance. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

Canceling your subscription to the Service may cause the loss of Content, features, or capacity of your account. RNI does not accept any liability for such loss.

The authorized Account Manager is solely responsible for properly canceling company accounts. An email or phone request to cancel a company account is not considered a notice of cancelation. A company account can be closed by written notice to RNI at the address below.

An individual can deactivate his or her account at any time by clicking on the "Deactivate My Account" link in the Profile section of My WorkScore.

Upon deactivation, your registration will be suspended and all communications from RNI immediately discontinued. You will no longer be able to review colleagues, review your workplace, or see or transmit your WorkScore. Colleagues may continue to rate you, but these ratings will have no effect because we will calculate no WorkScore for you unless you choose to re-subscribe. Your past reviews will not be affected.

RNI, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other RNI service, for any reason at any time. Such termination of the Service will result in the deactivation of your account or the denial of access to your Account, and the forfeiture and relinquishment of all Content in your account. RNI reserves the right to refuse service to anyone for any reason at any time.

Termination of your subscription to the Service shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability that you otherwise may have to RNI.

Modifications to the Service and Prices

RNI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

Prices of all Services, including but not limited to Company subscription fees, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the RNI Site (http://www.reputationnetworks.com/) or to the Service itself.

RNI shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Copyright and Content Ownership

We claim no intellectual property rights over the material you provide to the Service (collectively, the "Content"). Your Content remains yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content.

RNI and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via the Service.

The look and feel of the Service is copyright ©2007 by Reputation Networks, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without the express and written permission of Reputation Networks, Inc.

General Conditions

Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.

Technical support is only provided to company subscribers and is only available via email.

You understand that RNI uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, RNI, or any other RNI service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by RNI.

We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any RNI customer, employee, subscriber, member, or officer will result in immediate account termination.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.

You must not transmit any worms or viruses or any code of a destructive nature.

If your bandwidth usage exceeds 300 MB/month, or significantly exceeds the average bandwidth usage (as determined solely by RNI) of other WorkScore customers, we reserve the right to immediately disable your account or throttle your access until you can reduce your bandwidth consumption.

RNI does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected. Performance of the Service may be subject to delay and interruption due to causes beyond our control, such as acts of God, power failure, acts of terrorism, natural disasters such as earthquakes and fires, equipment failure, and the like.

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, ACCURACY, OMISSIONS, COMPLETENESS OR DELAYS, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT YOUR USE OF THE SERVICE IS ENTIRELY AT YOUR OWN RISK. SOME JURISDICTIONS DO NO ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, THE AFOREMENTIONED DISCLAIMERS RELATED TO IMPLIED WARRANTIES MAY NOT APPLY TO YOU.

You expressly understand and agree that RNI shall not be liable for any direct, indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if RNI has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) viruses, worms, Trojan horses, or other contamination or destructive programs, (vi) or any other matter relating to the Service.

The failure of RNI to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and RNI and govern your use of the Service, superseding any prior agreements between you and RNI (including, but not limited to, any prior versions of the Terms of Service).

Questions about these Terms of Service should be sent to support at reputationnetworks dot com.

These Terms of Service shall be governed by and construed under the laws of the State of California without regard to its conflict of law provisions. Any dispute or controversy arising under or in connection with this Agreement shall be fully and finally resolved solely by binding arbitration conducted in Alameda County, California under the auspices of JAMS by an arbitrator selected by both parties within ten (10) days after either party has notified the other in writing that it desires that the dispute between them be settled by arbitration. In the event the parties cannot agree on an arbitrator within such ten (10) day period, JAMS shall select an arbitrator and inform both parties in writing of such arbitrator's name and address within five (5) days after the end of such ten (10) day period. Each party shall pay its own expenses associated with such arbitration, including the expense of any arbitrator selected by such party, if applicable, and the parties share equally the expenses of a jointly selected arbitrator or arbitrator selected by JAMS. The decision of the arbitrator shall be binding upon the parties and judgment in accordance with that decision may be entered in any court having jurisdiction thereover. Punitive damages shall not be awarded.

To the extent that any provision of these Terms of Service is found by any court or competent authority to be invalid, unlawful or unenforceable in any jurisdiction, that provision shall be enforced to the maximum extent possible and shall not affect the enforceability of the remainder of these Terms of Service.