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Terms & Conditions

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER. IT AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE ARBITRATION AND CLASS ACTION WAIVER SECTION BELOW. PLEASE READ CAREFULLY.

BY USING OR ACCESSING THE PLATFORM (AS DEFINED BELOW), YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING TERMS, PLEASE DO NOT REGISTER AS A MEMBER OR USE THE PLATFORM.

Table of Contents

  1. Acceptance of Terms
  2. The Platform
  3. Additional Premium Services
  4. Modification of Terms of Platform
  5. Eligibility & Account Creation
  6. Posts
  7. Prohibitions
  8. Notice and Procedure for Making Claims of Copyright Infringement
  9. Fees, Refund and Cancellation Policy
  10. Proprietary Rights and Limited License
  11. Feedback
  12. Third Party Links & Services
  13. Duration and Termination of Agreement
  14. Indemnity and Release
  15. SMS Terms
  16. Disclaimers
  17. Limitation of Liability
  18. Arbitration and Class Action Waiver
  19. Venue and Governing Law
  20. Application License
  21. General
  22. Contact Us
  23. iOS Terms
Acceptance of Terms

These Terms of Use (“Terms”) constitute a binding legal agreement between you and Organizational Strategy, Inc., doing business as WorkplaceRights.ai (“Workplace Rights,” “we,” “us,” or “our”). The terms “User,” “you,” and “your” refer to the individual or entity that uses the websites, applications, and other offerings from Workplace Rights (collectively, the “Platform”). The term “Customer” refers to the person who asks a question on the Platform. The term “Expert” refers to the person who answers a question on the Platform. Together, Customers and Experts are referred to as “Users.” Except in your capacity as an Expert or in an application to act as an Expert, which shall be governed by the Expert Agreement, these Terms govern your use of the Platform.

By using or otherwise accessing the Platform, or by clicking to accept or agree to these Terms, you (1) accept and agree to these Terms, (2) consent to the collection, use, disclosure, and other handling of information as described in our Privacy Policy, and (3) agree to comply with all rules, policies, and disclaimers posted on the Platform or about which you are notified.

All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, including each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity. Your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity, its directors, officers, employees, and agents.

The Platform

The Workplace Rights Platform is an online venue for informational and educational purposes, connecting Customers with documents, knowledge base platforms, Artificial Intelligence (AI), and Subject Matter Experts (at the Customer’s request). Workplace Rights is not in the business of providing or selling information or education that is within any Expert’s area of expertise, and Workplace Rights does not provide advice or any professional service to Customers.

The Platform features an AI-trained chatbot designed to assist Customers with questions regarding employment and labor laws, related cases, and real-life scenarios, such as “Is my boss touching me considered sexual harassment?” It is important to note that the chatbot is an automated tool and not a human agent. The responses provided by the chatbot are based on pre-programmed data and algorithms and should not be considered legal advice or a substitute for professional consultation.

Users of the Platform, not Workplace Rights, provide the content in Posts (defined below). Experts are not employees or agents of Workplace Rights. Workplace Rights is not acting as an agent for any Customer. Experts have sole discretion in selecting which questions from Customers to answer, may elect not to answer any questions from Customers, and have sole discretion in controlling how to perform any services on the Platform.

Customers should seek professional legal advice for specific issues and should not rely solely on the information provided by the AI chatbot or the Platform. Workplace Rights disclaims any liability for the accuracy or reliability of the information provided by the chatbot or for any actions taken based on such information.

We are not involved in the conversations you may engage in with other Users on the Platform. Workplace Rights shall not be liable for (a) any acts or omissions by you, (b) content in posts made by Users on the Platform, including questions, answers, requests for information, responses, profiles, Expert signatures, qualifications, comments, profile information, and posts in the Expert Forum and other places where Users communicate with one another (collectively, “Posts”), or (c) an Expert’s failure to complete a transaction.

You further understand that site tools, including Workplace Rights’s AI chatbot or any other tools (collectively, “Tools”), are optional and provided purely for convenience. Usage of such Tools is not mandatory. Certain Tools, such as chatbots, may utilize or be powered by AI language models. Data input into such Tools shall be subject to these Terms, our Privacy Policy, and any other disclosures presented in connection with such Tools.

You understand that Workplace Rights may also allow Experts to use certain Tools at their option, which may utilize AI language models or other automated technology to assist Experts in communicating with other Users on the Platform.

You are solely responsible for transactions you make with Experts on the Platform, including honoring any payment obligations. Workplace Rights disclaims any liability for the accuracy or reliability of the information provided by the AI chatbot or other Tools and for any actions taken based on such information.

Workplace Rights does not refer Customers to, endorse, or recommend particular Experts. Workplace Rights shall not be liable for any acts or omissions of Experts, Posts, or the ability of Experts to answer questions. We cannot ensure that an Expert will complete a transaction. You understand and acknowledge that Workplace Rights cannot and does not edit, modify, filter, screen, monitor, endorse, or guarantee the content of Posts. Notwithstanding the foregoing, Workplace Rights reserves the right, but is not obligated, to refuse to post or to remove any content and/or remove any User’s access to the Platform for any reason, including violation of these Terms.

EMERGENCY QUESTIONS AND CRISIS SITUATIONS (particularly regarding medical or mental health issues, assault in the workplace, or a workplace injury) should not be directed to the Platform. Instead, these should be addressed immediately by telephone or in person to qualified professionals (e.g., in the U.S., call 911). The Platform is not the appropriate venue to deal with such situations.

The use of the term “Expert” by Workplace Rights and on the Platform is only meant to describe Users who answer questions on the Platform and does not guarantee any particular level of expertise of these Experts. Workplace Rights is not responsible for mediating disputes between Customers and Experts.

Every Expert on the Platform has had at least one credential, where applicable, relevant to the category in which they are answering questions that has been verified by a third-party verification service.

Workplace Rights contracts with third-party service providers to perform the verifications described above. The results of these verifications are only as accurate as the information provided to and by the third-party verification service at the time of the verification. Workplace Rights cannot warrant or guarantee an Expert’s purported identity and does not represent, warrant, or guarantee the truthfulness or accuracy of the credentials or identities of Users, including Experts, and the information provided by Users. You acknowledge that Workplace Rights will not be liable for any loss or damages caused by your reliance on any information or content contained in Posts.

Answers provided by Experts, including the AI Chatbot, on the Platform are intended for general informational purposes only and should not be considered a substitute for in-person evaluation or specific professional advice (such as employment and labor laws). No professional-client relationships are formed on the Platform. For example, Experts in the Legal category will provide only general information about the law and will not offer legal advice or propose a specific course of action for a Customer. By answering questions, Experts do not intend to form, and do not form, attorney-client relationships with Users of the Platform.

The laws, regulations, governing authorities, standards, practices, and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. Experts in some categories may be licensed, certified, educated, employed, or experienced in only particular jurisdictions. Communications on this Platform are not confidential and are not subject to any associated privileges.

Communications on this Platform are limited as described above, do not involve in-person evaluations or visits, and do not include the safeguards and procedures typical of in-person evaluations and visits.

Additional Premium Services

You may be presented with an offer for services outside of the Platform’s standard question-and-answer framework (“Additional Premium Services”). Workplace Rights is solely a venue that facilitates communication between Experts and potential Users of Additional Premium Services. It does not provide any of the substance or content of any Additional Premium Services initiated through Workplace Rights’s Platform.

Workplace Rights will in no way be liable for any acts or omissions of Experts in performing Additional Premium Services (or any services) for you or any issues that may arise before, during, or after any Additional Premium Service.

Additional Premium Services may be categorized as: (1) “Information Only,” or (2) “Beyond Information Only.” “Information Only” Additional Premium Services are those additional services outside the Platform’s standard question-and-answer framework and may be conducted off the Platform (e.g., by phone, chat, email, remote desktop, or any other third-party tool) but remain for general informational purposes only. “Beyond Information Only” services facilitate Users’ exchanges off the Platform that are more than informational and could potentially evolve into a professional relationship. Charges for Additional Premium Services will be described in the particular offer.

Workplace Rights or the Expert may record communications during Additional Premium Services.

Beyond Information Only Additional Premium Services

If you decide to accept Beyond Information Only Additional Premium Services, you understand that by receiving such Additional Premium Services, you are agreeing to the following terms and conditions:

  1. Workplace Rights is not involved in any agreements between you and any Experts from whom you choose to receive Beyond Information Only Additional Premium Services.
  2. Workplace Rights is solely a venue that facilitates communication between Experts and potential Users of Additional Premium Services. It does not provide any of the substance or content of any Additional Premium Services initiated through Workplace Rights’s Platform. Workplace Rights will in no way be liable for any acts or omissions of Experts in performing Additional Premium Services (or any services) for you or any issues that may arise before, during, or after any Additional Premium Service.
  3. Additional Premium Services may be categorized as: (1) “Information Only,” or (2) “Beyond Information Only.” “Information Only” Additional Premium Services are those additional services outside the Platform’s standard question-and-answer framework and may be conducted off the Platform (e.g., by phone, chat, email, remote desktop, or any other third-party tool) but remain for general informational purposes only. “Beyond Information Only” services facilitate Users’ exchanges off the Platform that are more than informational and could potentially evolve into a professional relationship. Charges for Additional Premium Services will be described in the particular offer. Workplace Rights or the Expert may record communications during Additional Premium Services.
  4. Workplace Rights does not form any attorney-client, doctor-patient, accountant-client, or any other professional relationship with any User through its question-and-answer platform or by virtue of any Beyond Information Only Additional Premium Services.
  5. Workplace Rights will endeavor to find an Expert relevant to your request for Beyond Information Only Additional Premium Services. Nevertheless, Workplace Rights does not guarantee that any Expert who contacts you can fulfill your request for Beyond Information Only Additional Premium Services.
  6. Workplace Rights is not a law firm, and it does not provide any legal advice, counsel, or recommendations to Users. Workplace Rights may refer you to a law firm through our partner and advertising services.

Information Only Additional Premium Services

If you decide to accept Information Only Additional Premium Services, you understand that by receiving such Services, you are agreeing to the following terms and conditions:

  1. Any Information Only Additional Premium Services you receive regarding employment and labor legal matters from professionals are for general informational purposes only.
  2. The professional (including legal or subject matter experts—such as HR professionals, retired employment attorneys, judges, and other professionals in employment and labor law) from whom you are receiving Information Only Additional Premium Services is not acting as your attorney and may not be licensed in the jurisdiction where you are located.
  3. The Information Only Additional Premium Services are not subject to attorney-client privilege. Before applying the Information Only Additional Premium Services to your specific situation, you should consult with a professional licensed to practice in your jurisdiction.
Modification of Terms or Platform

Except for Section 18, which provides for binding arbitration and waiver of class action rights, Workplace Rights reserves the right, at its reasonable and sole discretion, to modify or replace these Terms at any time. You are responsible for reviewing and becoming familiar with any such modifications. If we determine that a revision to the Terms is material, we will notify you as required by law. Your continued use of the Platform after any modification to the Terms constitutes your acceptance of the Terms as modified. If you do not accept the changes, you must discontinue using the Platform.

Workplace Rights reserves the right at any time to modify, suspend, discontinue, or terminate, temporarily or permanently, the Platform or associated services (or any part thereof), with or without notice. Except for payments or refunds expressly available to you under these Terms (or as required by law), you agree that Workplace Rights shall not be liable to you for any modification, suspension, or discontinuance of the Platform.

Eligibility & Account Creation

Only individuals who are at least 18 years old and can form legally binding contracts under the applicable law of their jurisdiction are permitted to access the Platform or be a User. If we learn that we have collected personal information from children under 18, we will delete that information in accordance with our legal requirements. If you believe that a child under 18 has provided us with personal information, please contact us at info@workplacrights.ai.

To prevent fraudulent use of the Workplace Rights membership program by Customers, Customers who have purchased memberships are ineligible to participate as Experts on Workplace Rights during the term of their membership, as are their immediate family members (spouse, parent, child, sibling, and spouse or “step” of each) and those living in the same households (persons, whether related or not, who have lived in the same residence as the member for at least three (3) months during the twelve (12)-month period preceding the start of the Workplace Rights membership).

You must create an account (“Account”) to access certain features of the Platform. You agree to provide accurate, current, and complete information that doesn’t infringe on the rights of others at all times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Account password and for all activity that occurs on your Account. You will notify Workplace Rights immediately of any unauthorized use. We are not liable for any losses by any party caused by unauthorized use of your Account. You agree to keep your contact and billing information (including but not limited to your email address) up-to-date and to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for your Account.

Your Account is non-transferable except with Workplace Rights’s written permission and in line with Workplace Rights policies and procedures. As permitted by applicable law, we may, but have no obligation to (unless required by law), ask Users to provide identification or information related to credentials for purposes of using the Platform.

Posts, Including Articles and Case Law

Posts are not confidential and may be used by Workplace Rights for any purpose. Posts are not private or confidential, nor are they protected by attorney-client privilege or any other privilege. Posts may be read, collected, and used by others. For example, search engines may index questions, answers, and other Posts to allow them to appear in search engine results (e.g., if someone searches on google.com or another search engine, questions, answers, and other Posts on WorkplaceRights.ai that relate to the search may appear in the search results list).

As between you and Workplace Rights, you will maintain whatever ownership interest you have in the Posts you provide on the Platform. Workplace Rights reserves the right to remove any or all of your Posts, in whole or in part, at any time with or without notice. You are responsible for all Posts you contribute to the Platform in any manner, and you represent and warrant that you have all rights necessary to do so in the manner in which you contribute them.

You grant to Workplace Rights a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to use, reproduce, display, edit, copy, modify, transmit, publicly perform, or create derivative works thereof, in any media now known or not currently known, with respect to any such Posts. This license shall survive the termination of the Platform, these Terms, or your Account. Workplace Rights does not claim ownership rights in your Posts, and nothing in these Terms will be deemed to restrict rights that you may have to use and exploit your Posts.

Any information or content posted through the Platform, including Posts, is the sole responsibility of the person from whom such content originated. You access all such information and content at your own risk, and Workplace Rights is not liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it. You acknowledge and agree that Workplace Rights may, in its sole discretion, pre-screen Posts before they are posted on the Platform but has no obligation to do so. Workplace Rights reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit, or remove any Posts, including but not limited to any Post that violates these Terms or is otherwise objectionable.

You understand that by using the Platform, you may be exposed to Posts that you may consider offensive or objectionable. We cannot control and have no duty to take any action regarding how you may interpret and use Posts or what actions you may take as a result of having been exposed to Posts, and you hereby release us from all liability for you having acquired or not acquired Posts through the Platform. While we may try to do so, we cannot guarantee the identity of any Users with whom you interact in using the Platform and are not responsible for which Users gain access to the Platform.

Articles

Workplace Rights publishes articles based on case law and employment and legal cases that may have come to a conclusion or are still pending. The purpose of these articles is solely for educational purposes and should not be interpreted as legal advice. The content provided in these articles is intended to inform and educate Users about various legal topics and issues. It is important to note that the information contained in these articles does not create an attorney-client relationship and should not be relied upon as a substitute for professional legal consultation.

Case Law

Workplace Rights utilizes different sources to quote and reference case law in its publications. Case law refers to the collection of past legal decisions written by courts and similar tribunals, which can be cited as precedent in future legal cases. The primary purpose of providing case law is for educational purposes only. Our sources for case law may include state and federal agencies, as well as legal platforms that provide comprehensive data and information on case law, such as LexisNexis.

It is crucial to understand that the case law and related content provided by Workplace Rights are not to be interpreted as legal advice. Accessing and reading this information does not form an attorney-client relationship between you and Workplace Rights or any of its representatives. For personalized legal advice, you should consult with a qualified attorney licensed to practice in your jurisdiction.

Third-Party Sources

In our effort to provide accurate and up-to-date information, Workplace Rights references third-party sources, including state and federal agencies, legal platforms like LexisNexis, and other reputable providers of legal data and information. While we strive to ensure the reliability of these sources, the information presented is for educational purposes only and should not be construed as legal advice.

Accessing information from third-party sources through Workplace Rights does not establish an attorney-client relationship. Users are encouraged to seek professional legal advice for their specific situations from a licensed attorney.

Prohibitions

As a User of the Platform, you agree not to use the Platform for any unlawful purpose or any purpose prohibited by these Terms, or any other purpose not reasonably intended by Workplace Rights. By way of example, and not as a limitation, you agree not to:

  • Directly or indirectly manipulate, undermine, or disrupt the integrity of any User or other feedback ratings, reports, or systems on the Platform, including, but not limited to, by filing false reports about other Users.
  • Establish a professional-client relationship on the Platform.
  • Use the Platform for purposes of plagiarism in any context or in cheating in an academic setting.
  • Use any automated programs to automatically lock questions that are posted on the Platform.
  • Create multiple Accounts on the Platform.
  • Use another User’s account to access the Platform.
  • Use methods to disguise your location or otherwise circumvent Workplace Rights’s tools to secure the Platform.
  • Directly or indirectly submit any Posts or otherwise engage in conduct that is fraudulent, inaccurate, infringing, libelous, defamatory, abusive, offensive, obscene, pornographic, or otherwise violates any law or right of Workplace Rights, Users, or any other third party, including privacy rights, copyrights, or other intellectual property rights.
  • Directly or indirectly submit any Posts linking to affiliate programs, multi-level marketing schemes, or off-topic content.
  • Violate any federal, state, or local law, statute, ordinance, regulation, or ethical code.
  • Engage in any behavior that is defamatory, trade libelous, unlawfully threatening, or unlawfully harassing.
  • Submit any content containing any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
  • Except as expressly authorized by Workplace Rights, solicit or otherwise request personal information from Users other than information strictly necessary to use the Platform for its intended purposes.
  • Scrape, access, monitor, index, frame, link, or copy any content on the Platform by accessing the Platform in an automated way, using any robot, spider, scraper, web crawler, or using any method of access other than manually accessing the publicly available portions of the Platform through a browser or accessing the Platform through any approved mobile application, application programming interface, or client application.
  • Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Platform.
  • Violate the restrictions in any robot exclusion headers of the Platform, if any, or bypass or circumvent other measures employed to prevent or limit access to the Platform.
  • Submit any Posts that advocate illegal activity or discuss illegal activities with the intent to commit them.
  • Engage in any activity that could cause us to violate any applicable law, statute, ordinance, or regulation.
  • Resell or make any commercial use of our system or the content on the Platform, including personal information, without our prior written consent.
  • Provide information on any other websites about Workplace Rights unless you expressly state that your statements are not made on behalf of and have not been approved by Workplace Rights.
  • Falsely imply Workplace Rights’s endorsement, partnership, or otherwise mislead others as to your affiliation with Workplace Rights.
  • Use the Platform in a way that violates or facilitates violations of these Terms, any other agreement, or guidelines that govern the use of the Platform or attempt to do any of the foregoing directly or indirectly.
  • Recruit, solicit, or contact in any form Experts or Customers for employment or any other use not specifically intended by the Platform.
  • Advertise or solicit expertise not related to or appropriate for the Platform, including but not limited to promoting or offering Ponzi schemes, junk mail, spam, chain letters, pyramid schemes, affiliate marketing or unsolicited commercial content, discount cards, credit counseling, online surveys or contests, raffles, prizes, bonuses, games of chance, or giveaways.
  • Access the Platform or content to build a similar or competitive website, product, or service.

If you post material that is adult in nature, such material shall be posted with “Mature Audiences Only” in the listing title and appropriate notices to prevent unauthorized underage viewing and shall be distributed only to people legally permitted to receive such content (Information on Parental Control Protections).

You understand that violation of these rules or the Terms more generally may result in the termination of your Account. You acknowledge and agree that Workplace Rights may remove any Posts and terminate any Account at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to Posts). Workplace Rights further reserves the right to report unlawful activity to law enforcement or other regulatory authorities.

You further understand that Workplace Rights has the right, but not the obligation, to monitor the use of the Platform and verify information provided by our Users.

Notice and Procedure for Making Claims of Copyright Infringement

Workplace Rights may, in appropriate circumstances and at its discretion, disable and/or terminate the Accounts of users who infringe the intellectual property rights of others. If you believe that your copyright, or the copyright of a person on whose behalf you are authorized to act, has been infringed, please follow the steps outlined in Workplace Rights’s Copyright Policy.

Fees, Refund and Cancellation Policy

Site Access Benefits

Workplace Rights’s platform allows Customers to post questions to Experts in subject-matter categories, facilitates communication with Experts on the Platform via chat, emails, and online message boards, and enables delivery of and access to answers to your questions (“Site Access Benefits”). Site Access Benefits may have additional terms such as limits on the number and/or subject matter of questions provided at the time of sign up. Customers on the Platform may be presented with one of three payment models: (1) ongoing membership; (2) additional Platform model (explained in Section E below); and (3) pay-per-question model.

Membership & Membership Renewal

Memberships allow Customers to receive Site Access Benefits on the Platform for auto-renewing time periods (e.g., monthly, annually) set forth at the time of sign up. Customers who elect to pay for memberships are hereinafter referred to as “Members” and your participation in the Platform is a “Membership.” Unless otherwise stated on your sign-up page, when you sign up for Membership, you agree that you are subscribing to an automatically renewing Membership requiring recurring payments at the stated frequency (e.g., monthly or annually) at the then-current price until you cancel. You will be charged your first Membership fee and any applicable taxes on the date you purchase your Membership or, if applicable, after your free trial ends. Your Membership will automatically continue at the selected interval, and you will continue to be charged at the then-current price (including any applicable taxes), unless at least 24 hours prior to the end of the current Membership period: (a) you terminate your account; (b) you cancel your Membership (as described below); (c) we decline to renew your Membership; or (d) these Terms are otherwise properly terminated as expressly permitted herein. Membership fees are non-refundable except as expressly set forth in these Terms or in accordance with applicable law. If any Membership fee is not paid in a timely manner, or your transaction cannot be processed, we reserve the right to suspend, disable, cancel, or terminate your Membership. You will be responsible for paying all past due amounts. You acknowledge that billing may not occur on the exact same date of each month.

Workplace Rights will send notice of upcoming automatic renewal prior to renewing your membership as required by law. We reserve the right to change the terms of your Membership, including price or scope of Site Access Benefits, from time to time. We will attempt to provide advance notice of any changes in Membership fees or prices prior to the next billing cycle, but this will not include notification of changes in applicable taxes. If you do not wish to accept a fee or price change, you may cancel your Membership in accordance with these Terms.

Sign-Up Fees

Some Customers/Members may be charged a sign-up fee disclosed at the time of sign up for a Membership. The fee is automatically charged to the Member’s payment source provided on the Platform.

App Store Memberships

Memberships purchased via the app—not on Workplace Rights’s website—are managed directly by the applicable App Store. Consult the appropriate App Store to determine if the price charged includes all applicable taxes and currency exchange settlements. You are solely responsible for paying such taxes or other charges. Workplace Rights relies on the App Store to collect subscription fees, manage the subscription for your memberships, and to report on the status of subscription accounts that have been purchased from within the app. Workplace Rights does not have the ability to manage any aspect of an App Store subscription membership on your behalf, including, but not limited to, initiating, canceling, or refunding subscriptions.

Membership Cancellation or Termination

When you cancel a subscription, you cancel only future charges associated with your membership. You may initiate your cancellation at any time, but the cancellation will become effective at the end of your current subscription period. You can cancel your Membership at any time up to 24 hours before the end of the current billing period by (1) clicking the cancel membership button on either the help center page or your account’s membership page; (2) sending a written notice of cancellation via email to info@workplacerights.ai; (3) talking to a customer support agent via our online chatbot; or (4) for subscriptions purchased through a third-party App Store or platform, through that third party. No refunds will be provided for a partial Membership period, but you will continue to have access to the Site Access Benefits until the next billing cycle. Notwithstanding any other terms, Workplace Rights reserves the right to cancel your Workplace Rights Membership in its entirety at any time and for any reason, with or without prior notice. In the event that Workplace Rights cancels a Workplace Rights Membership, it will refund the current period’s fee.

Trials & Promotions

We may offer promotional trial subscriptions to obtain a Membership on a trial basis or access the Platform for free or at a promotional rate, as well as referral discounts or similar free access to Member benefits when you refer a new user(s). If your subscription includes a free trial, you will not be charged the applicable fee during your free trial. To obtain the free trial, you will be required to provide a credit card or other payment method in order to ensure uninterrupted access and continued use after the expiration of the free trial. Upon completion of your free trial, your subscription will automatically convert into a paid Membership and your payment method will be charged the applicable fee unless you have canceled your Membership. You may cancel your Membership during your free trial to avoid being charged as described above.

If your subscription includes a promotional rate, you will be charged the promotional rate for the relevant number of billing periods and upon completion of that period, your subscription will continue to automatically renew at the full rate. You may only be permitted to use one free trial or discounted price offer. If your Membership is ever canceled or terminated for any reason, and you purchase an additional Membership, you may not be eligible for a free trial or to take advantage of another discounted price offer.

Any promotional monies or credits placed into Customer accounts by Workplace Rights for use towards Site Access Benefits on the Platform remain the property of Workplace Rights (they never become the property of Customers and never become refundable to the Customer), and unless otherwise stated on the Platform or in an email to a Customer, will be usable only for thirty (30) days.

Pay-Per-Question

Certain customers may have the option to participate on the Platform with the pay-per-question model. Using Pay-Per-Question, you select the price that you are willing to pay for the Site Access Benefits for a single question. Once you have selected the price and submitted your payment information, your question may be posted on Workplace Rights. A portion of your payments will be paid to the Expert and a portion to Workplace Rights. You will be charged in one of three ways depending on the payment source, as described on the payment page: (i) when the question is posted; (ii) at the time an Expert responds to the Customer’s question; or (iii) $5 upon the posting of a question, with the remainder of the selected price charged at the time an Expert responds. Charges are not refundable except as expressly permitted in these Terms.

Rating the Expert

Experts typically respond to Customers’ questions quickly. If the Expert requests further information before answering your question, you may wish to take advantage of the opportunity to provide more information to the Expert to allow the Expert to help you better. Once the Expert answers your question, you will be asked to rate the Expert. Workplace Rights does not guarantee that you will receive a response from an Expert, or that you will be satisfied with your communication with an Expert. For Pay-Per-Question Customers, in the rare instance that no Expert responds at all to your question, you agree that any amount up to $5 that was charged upon posting of your question may be retained by Workplace Rights in consideration for the Site Access Benefits received. See Refunds section below for information on requesting a refund.

Additional Premium Services Fees

Any amounts a Customer pays for Additional Premium Services are divided into two parts: (i) Workplace Rights’s fee for enabling the request, offer, and/or fulfillment of Additional Premium Services (“Additional Site Access Benefits”); and (ii) the Expert’s fee for the specific Additional Premium Service provided to the User. Once you accept an offer for Additional Premium Services, your payment method on file, if any, will be automatically charged the Additional Premium Services amount.

Additional Membership Terms & Changes

Members will be bound by their Membership Details so please be sure to review them carefully. We may change the Membership terms or fees at any time on a going-forward basis at our discretion. If the pricing for your Membership increases, we will notify you and provide you an opportunity to change your subscription before applying those changes to your account or charging you in connection with an automatic renewal. We may choose, in our sole discretion, to add, modify, or remove benefits and features from a Membership. Your continued use of the Platform after the changes become effective will constitute your acceptance of the changes. If you do not wish to continue subscribing with the new fees or features, you may cancel your Membership. If you accept the new Membership subscription, its terms and conditions will apply for that renewal and all renewals going forward.

Additional Fees and Expert Bonuses

Workplace Rights may charge additional fees, including but not limited to service fees for use of the Platform or for submission of questions, and change such fees, as we deem necessary or appropriate for our business. Customers may have the opportunity to provide Experts bonuses or tips. You authorize Workplace Rights to charge your payment method for any bonus or tip you elect to provide. Except as otherwise provided on the Platform, Workplace Rights shall retain 3% of such bonus or tip.

Payment Information

When you provide payment information, you represent and warrant that the information is accurate and that you are authorized to use the payment method provided for any payments due, including Membership fees, pay-per-question fees, service fees, taxes, and tips or bonuses you elect to provide. You acknowledge that we may process an authorization hold using your payment information in order to verify the information provided. You are responsible for keeping your payment details up to date by changing the details in your account setting. If your payment card details change or are due to expire, we may obtain or receive from your payment provider updated payment details including your card number, expiration date, and CVV (or equivalent). You authorize us to continue to charge your card using the updated information so that you can continue to receive your Membership.

If you do not pay any fees when due (for example, due to credit card expiration or insufficient funds), we may suspend or terminate your access to the Platform or your Membership. We also reserve the right to pursue any amounts you fail to pay in connection with your use of the Platform or your Membership.

Taxes

Experts are responsible for any and all applicable federal, state, and local taxes, duties, tariffs, levies, withholdings, and similar assessments (including without limitation, sales, use, and value-added taxes) relating to the subject matter hereunder, excluding taxes based on Workplace Rights’s income.

Chargeback Policy

In the event that a customer files a chargeback claim that is determined to be false or unwarranted and results in costs to Workplace Rights, we reserve the right to charge the customer a processing fee of $100.00, in addition to the disputed amount. This includes, but is not limited to, membership fees, third-party application fees, advisory fees, and any other related charges.

By using the Platform and accepting these Terms, you agree that:

  1. False or Unwarranted Chargebacks: If a chargeback claim is found to be false or unwarranted, Workplace Rights will charge you a processing fee of $100.00 plus the disputed amount.
  2. Notification: You will be notified of the chargeback claim and the subsequent fees via the email address associated with your account.
  3. Payment of Fees: You authorize Workplace Rights to charge your payment method on file for the processing fee and the disputed amount. If your payment method is invalid or payment is not processed, you remain responsible for any outstanding amounts.
  4. Right to Contest: You have the right to contest any fees or disputed amounts by contacting our Support Department within 30 days of the chargeback notification.
  5. Collection of Fees: If the fees are not paid within the specified period, Workplace Rights reserves the right to pursue collection of the outstanding amounts through any legal means available.

This Chargeback Policy aims to protect Workplace Rights from fraudulent or unwarranted chargeback claims and to ensure that all customers bear the responsibility for legitimate charges incurred through the use of the Platform.

Proprietary Rights and Limited License

Intellectual Property Rights

All rights, title, and interest in and to the Platform are and will remain the exclusive property of Workplace Rights and its licensors. All materials therein, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and all intellectual property rights related thereto, are the exclusive property of Workplace Rights and its licensors. The Platform is protected by copyright, trademark, and other laws of both the United States and foreign countries.

You acknowledge that the Platform has been developed, compiled, prepared, revised, selected, and arranged by Workplace Rights and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitute valuable intellectual property of Workplace Rights and such others. Except as explicitly provided herein, nothing in these Terms gives you a right to use the Workplace Rights name or any of the Workplace Rights trademarks, logos, domain names, and other distinctive brand features. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective owners.

Subject to your complete and ongoing compliance with these Terms, Workplace Rights grants you a non-transferable, non-exclusive, revocable, limited license to access and use the Platform. We reserve all rights not expressly granted to you by these Terms.

Feedback

By sending us any feedback, comments, questions, or suggestions concerning Workplace Rights, the Platform, or us (collectively, “Feedback”), you represent and warrant that (a) you have the right to disclose the Feedback, (b) the Feedback does not violate the rights of any other person or entity, and (c) the Feedback does not contain the confidential or proprietary information of any third party or parties. By sending us any Feedback, you further agree that (i) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) we may have something similar to the Feedback already under consideration or in development, (iii) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense the Feedback, and (iv) you irrevocably waive, and cause to be waived, any claims and assertions of any moral rights contained in such Feedback against Workplace Rights and its users.

This Feedback section shall survive any termination of your Membership, these Terms, or your participation in the Platform.

Third Party Links & Services

The Platform may provide, or third parties may provide, links to other sites, applications, or resources. This may include, without limitation, Tools powered by parties other than Workplace Rights. Because Workplace Rights has no control over such sites, applications, and resources, you acknowledge and agree that Workplace Rights is not responsible for the availability of such external sites, applications, or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Workplace Rights 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 the use of or reliance on any such content, goods, or services available on or through any such site or resource.

IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS, AND USEFULNESS OF ANY OPINION, ANSWER, OR OTHER CONTENT AVAILABLE THROUGH THE PLATFORM, FROM THIRD PARTIES OR OBTAINED FROM A LINKED PLATFORM. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ANSWER, PRODUCT, SERVICE, OR OTHER CONTENT.

Duration and Termination of Agreement

DURATION

The agreement between you and Workplace Rights reflected by these Terms is effective when you access the Platform (for example, to create an Account) and remains in effect until either you or we terminate the Agreement in accordance with these Terms.

Termination by Customers

Customers may terminate your service and account at your sole discretion and at any time by written notice via email to info@workplacerights.ai. Terminations typically will be effective within seven (7) business days after the receipt of your termination notice, at which time your account will be closed and you will no longer have access to your former account. Any fees accrued as of the effective date of termination will be payable according to the Terms. The procedure for Experts to terminate their accounts is set forth in the Expert Agreement.

Termination by Workplace Rights

At any time, with or without notice, for any or no reason, Workplace Rights reserves the right to modify or discontinue any portion or all of the Platform, and to restrict, suspend, and terminate Customers’ accounts. The procedure for termination by Workplace Rights of Experts’ accounts is set forth in the Expert Agreement.

Survival

Sections 2, 4, 6, 7, 8, 10, 11, 14, 16, 17, 18, 19, 21, and 23 of these Terms, and any other provisions that are necessary to effectuate those sections, shall survive termination.

Indemnity and Release

You agree to release, indemnify, defend, and hold harmless Workplace Rights and its parents, subsidiaries, affiliates, and agents, as well as the officers, directors, employees, shareholders, and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs), claims, actions, inquiries, or investigations of any kind whatsoever arising out of or resulting from your use of the Platform, your violation of these Terms, and any of your acts or omissions that implicate publicity rights, defamation, or invasion of privacy. Workplace Rights reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with Workplace Rights in the defense of such matter.

In the event that you have a dispute with one or more other users, you release Workplace Rights, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Platform.

If you are a California resident, you waive California Civil Code Section 1542, which provides:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

SMS Terms

By registering for the Platform, you consent to receive communications from us, which may include calls and text messages to the cellular telephone number you provide to us. For example, we may text you with transactional alerts about your account. You may also sign up to receive marketing or promotional calls and text messages. Any text messages we send to you are subject to our SMS Terms & Conditions. You may opt out of receiving certain communications by following the unsubscribe options we provide to you. You acknowledge that opting out of receiving communications may impact your use of the Platform.

Disclaimers

Neither Workplace Rights nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Platform. We will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Platform. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of the Platform or products offered or purchased through the Platform. Products and services purchased or offered (whether or not following such recommendations and suggestions) through the Platform are provided “AS IS” and without any warranty of any kind from Workplace Rights or others.

YOU ACKNOWLEDGE AND AGREE THAT WORKPLACE RIGHTS DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO (A) MONITOR, REVIEW, AND/OR REMOVE USER CONTENT; OR (B) FOR ANY PERMISSIBLE PURPOSE, CONDUCT IDENTITY VERIFICATION AND BACKGROUND CHECKS ON ANY USER. THE PLATFORM AND CONTENT ARE PROVIDED BY WORKPLACE RIGHTS (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT THE RESULTS OR CONTENT THAT MAY BE OBTAINED FROM THE PLATFORM WILL BE ACCURATE OR RELIABLE OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM WORKPLACE RIGHTS OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OR MEMBERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO ANY USER. YOU UNDERSTAND THAT WORKPLACE RIGHTS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF EXPERTS OR CUSTOMERS. WORKPLACE RIGHTS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON. WORKPLACE RIGHTS EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY USERS OR THIRD PARTIES. UNDER NO CIRCUMSTANCES WILL WORKPLACE RIGHTS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER’S RELIANCE ON INFORMATION OBTAINED THROUGH THE PLATFORM, FROM THIRD PARTIES (SUCH AS EXPERTS OR OTHERS) OR A LINKED PLATFORM, OR USER’S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE. USE OF THIS PLATFORM IS AT USER’S SOLE RISK.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WORKPLACE RIGHTS OR THROUGH OR FROM THE PLATFORM SHALL CREATE ANY WARRANTY.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL WORKPLACE RIGHTS, ITS PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, JOINT VENTURERS, CONSULTANTS, SUCCESSORS, OR ASSIGNS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS PLATFORM AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE, EXCEED ANY AMOUNT, IN THE AGGREGATE, HIGHER THAN THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO WORKPLACE RIGHTS IN CONNECTION WITH THE PLATFORM IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE APPLICABLE CLAIM. THE LIMITATIONS ON DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN AND ARE MATERIAL TO WORKPLACE RIGHTS’S DECISION TO ENTER INTO THE AGREEMENT BETWEEN WORKPLACE RIGHTS AND YOU. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

THE LIMITATION OF LIABILITY DESCRIBED ABOVE SHALL APPLY FULLY TO RESIDENTS OF NEW JERSEY.

Arbitration and Class Action Waiver

Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

If you are using the Platform as an Expert (as defined in the Expert Agreement) with a dispute, claim, or controversy of any sort and of any nature (collectively, “dispute”) against Workplace Rights in your capacity as an Expert, then the arbitration agreement in the Expert Agreement applies instead of this one. If your dispute with Workplace Rights is made in your capacity as a User who is not using the Platform in your capacity as an Expert, then the following dispute resolution provisions apply.

If you have a dispute with Workplace Rights or if Workplace Rights has a dispute with you and such dispute cannot be resolved informally, such dispute will be resolved on an individual basis in accordance with the provisions set forth below:

a. Initial Dispute Resolution

Our Support Department is available to address any concerns you may have regarding the Platform. Our Support Department can resolve most concerns quickly to our Users’ satisfaction. The parties shall use their best efforts through this Support process to settle any dispute, claim, question, or disagreement and engage in good faith negotiations, which shall be a condition to either party initiating a lawsuit or arbitration. Failure to engage in this process could result in the award of fees against you in arbitration. To adequately engage in initial dispute resolution, each party must notify the other party, in writing, of the facts of the dispute and all damages claimed. Such a writing must be sent to (a) the User’s email address on file with Workplace Rights, (b) Organizational Strategy, Inc. DBA Workplace Rights, 703 Pier Avenue, Building B #711, Hermosa Beach, CA 90254, or (c) info@workplacerights.ai, whichever is applicable (“Dispute Notification”). The party receiving the Dispute Notification has thirty (30) days from receipt of the Dispute Notification to respond. The other party then has 15 days to reply to the response.

b. Binding Arbitration

If the parties do not reach an agreed-upon solution within 30 days from the time informal dispute resolution begins under the Initial Dispute Resolution provision, then either party may initiate binding arbitration as the sole means to resolve claims, subject to the terms set forth below. This agreement to arbitrate is a contract governed by the Federal Arbitration Act, 9 U.S.C. section 1, et seq., and evidence of a transaction involving commerce. Specifically, all claims arising out of or relating to these Terms (including their formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Platform and any services made available through the Platform shall be finally settled by binding arbitration administered by JAMS in accordance with the provisions of its Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class or representative actions and except that each party will be permitted at least one deposition unless forbidden by JAMS. If for any reason JAMS is unable to administer arbitration, either party may apply to a court to appoint an arbitrator pursuant to 9 U.S.C. section 5.

Except as explicitly set forth in this Section 18, the arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms are void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of JAMS administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment). The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator shall also be empowered to consolidate claims raised between the same parties to a single arbitration proceeding. The parties agree that the arbitrator may allow the filing of dispositive motions if they are likely to efficiently resolve or narrow issues in dispute. The arbitrator’s award shall be written and binding on the parties and may be entered as a judgment in any court of competent jurisdiction. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration.

The Streamlined Arbitration Rules governing the arbitration may be accessed at www.jamsadr.com or by calling JAMS at (800) 352-5267. If you commence arbitration in accordance with these Terms, you will be required to pay $250 to initiate the arbitration. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, the arbitrator may require Workplace Rights and the customer YOU to pay the additional cost. You are responsible for your own attorneys’ fees unless the arbitration rules and/or applicable law provide otherwise. If the arbitrator finds the arbitration to be non-frivolous, Workplace Rights will pay the remaining filing and arbitrator fees for the arbitration, provided your claim does not exceed $500.00 (Five Hundred). For claims above $500.00 (Five Hundred), fees and costs will be split by both parties – Workplace Rights and the Customer YOU. The arbitration rules permit you to recover attorney’s fees in certain cases.

Any arbitration demand or counterclaim asserted by either party must contain sufficient information to provide fair notice to the other party of the asserting party’s identity, the claims being asserted, and the factual allegations on which they are based. The arbitrator and/or JAMS may require amendment of any demand or counterclaim that does not satisfy these requirements. The arbitrator has the right to impose sanctions in accordance with JAMS Rule 24 for any claims the arbitrator determines to be frivolous or improper (under the standard set forth in Federal Rule of Civil Procedure 11).

The parties agree that JAMS has discretion to modify the amount or timing of any administrative or arbitration fees due under JAMS’s Rules where it deems appropriate, provided that such modification does not increase the costs to you, and you waive any objection to such fee modification. The parties also agree that a good-faith challenge by either party to the fees imposed by JAMS does not constitute a default, waiver, or breach of this Section 18 while such challenge remains pending before JAMS, the arbitrator, and/or a court of competent jurisdiction.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

c. Location

If you are a resident of the United States, arbitration will take place at any reasonable location within the United States convenient for you. You and Workplace Rights agree to submit to the personal jurisdiction of any federal or state court in Ada County, Idaho in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

d. Class Action Waiver

The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND WORKPLACE RIGHTS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Notwithstanding any other provision of these terms, disputes regarding the interpretation, applicability, or enforceability of the Class Action Waiver may be resolved only by a court and not by an arbitrator. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.

e. Exception – Litigation of Intellectual Property and Small Claims Court Claims

Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring an action in state or federal court to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also elect to have disputes or claims resolved in a small claims court that are within the scope of that court’s jurisdiction. Either party may also seek a declaratory judgment or other equitable relief in a court of competent jurisdiction regarding whether a party’s claims are time-barred or may be brought in small claims court in your state and county of residence. Seeking such relief shall not waive a party’s right to arbitration under this agreement.

f. 30-Day Right to Opt Out

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following email address: info@workplacerights.ai. The notice must be sent within 30 days of the Effective Date of these Terms of Service or your first use of the Platform, whichever is later, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Workplace Rights also will not be bound by them.

g. Changes to this Section

Workplace Rights will provide 30 days’ notice of any changes affecting the substance of this Section 18. Changes will become effective on the 30th day. If you continue to use the Platform after the 30th day, you agree that any unfiled claims of which Workplace Rights do not have actual notice are subject to the revised clause.

Venue and Governing Law

For any dispute not subject to arbitration or under the jurisdiction of a small claims court, you and Workplace Rights agree to submit to the personal and exclusive jurisdiction of any venue in the federal and state courts located in Ada County, Idaho. You further agree to accept service of process by mail and hereby waive any and all jurisdictional and venue defenses otherwise available. The Terms and the relationship between you and Workplace Rights shall be governed by the laws of the State of Idaho without regard to conflict of law provisions.

Application License

Subject to your compliance with these Terms, Workplace Rights grants you a limited non-exclusive, non-transferable license to download and install a copy of Workplace Rights’s mobile app on a device that you exclusively control and to run such copy of the app solely for your own personal use. Workplace Rights reserves all rights in and to the app not expressly granted to you under these Terms. You will not run any version of the app on a jailbroken device.

If you have downloaded our app, you agree to promptly download and install any new version that we make available through the iTunes App Store or Google Play store, as applicable. Some new versions may contain updated Terms. Some new versions may contain security fixes and service improvements, whether or not we disclose that they do; accordingly, failure to promptly update your version of the App may in some cases expose you to increased security risks or Platform malfunctions.

General

Entire Agreement

These Terms (and any additional terms, contracts, rules, and conditions that Workplace Rights may post on the Platform), the Privacy Policy, and, if applicable, the Expert Agreement constitute the entire agreement between you and Workplace Rights with respect to the Platform and supersede any prior agreements, oral or written, between you and Workplace Rights. For those Users who have become Experts, nothing in these Terms supersedes the terms of the Expert Agreement, and in the event of a conflict between these Terms (or later versions of these Terms) and the Expert Agreement, the terms of the Expert Agreement shall prevail. These Terms, the Privacy Policy, and disclaimers will prevail over FAQs and other rules and policies on the Platform.

Waiver and Severability

If any provision(s) of the Terms is held by an arbitrator or court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties and the other provisions shall remain in full force and effect. Workplace Rights’s failure to exercise or enforce any of the Terms shall not constitute a waiver of Workplace Rights’s right to exercise or enforce the Terms as to the same or another instance.

Assignment

You agree that Workplace Rights may assign the Terms to any other entity of its choosing, with or without notice to you. You may not assign the Terms to any other party for any reason, including, but not limited to, because your interaction with other users of the Platform, the pricing offered, and fraud mechanisms in place are based upon individual usage.

Section Titles

The section titles in the Terms are solely used for the convenience of the parties and have no legal or contractual significance.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Platform or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. This statute of limitations provision does not apply to residents of New Jersey.

Notice

Workplace Rights may give notice by any means of communication reasonably anticipated to notify you of the information provided. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. By way of example only, such communication may be a general notice on the Platform or via email to the email address listed on your Account. It is your obligation to update your Account information so that we may contact you as may be necessary. Such notice shall be deemed to have been given 48 hours after dispatch. If physical notice (e.g., US Mail) is used, then such notice shall be deemed to have been given 7 days after dispatch. Except as explicitly described in the “Arbitration and Class Action Waiver” section, you may give notice to Workplace Rights (such notice shall be deemed given when received by Workplace Rights) at any time by contacting us in writing through Workplace Rights’s Help Center.

No Third-Party Beneficiaries

You agree that, except as otherwise expressly provided in these Terms, there shall be no third-party beneficiaries to these Terms.

Contact Us

If you have questions about these Terms, please contact us in writing through Workplace Rights ’s Help Center.

iOS Terms

You acknowledge and agree that (i) these Terms are binding between you and Workplace Rights only, and Apple is not a party hereto, and (ii) as between Workplace Rights and Apple, it is Workplace Rights that is responsible for the app and the content thereof. You must use the iOS app only on an Apple-branded product that runs iOS. Your use of the app must comply with the terms of use applicable to the Apple source from which you obtain it (including the Usage Rules set forth in the Apple App Store Terms of Service). You acknowledge that Apple has no obligation to furnish you with any maintenance and support services with respect to the app.

You acknowledge that Apple is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the app, including, but not limited to, (i) product warranty or liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the app infringes a third party’s intellectual property rights.

In the event of any failure of the iOS version of the app to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Apple, and Apple will refund the purchase price for the app (if any) to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the app, and, as between Apple and Workplace Rights, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Workplace Rights’s responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit Workplace Rights’s liability in this regard.

Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.

Android Terms

You acknowledge and agree that (i) these Terms are binding between you and Workplace Rights only, and Google is not a party hereto, and (ii) as between Workplace Rights and Google, it is Workplace Rights that is responsible for the app and the content thereof. You must use the Android app only on a device that runs the Android operating system. Your use of the app must comply with the terms of use applicable to the Google source from which you obtain it (including the Usage Rules set forth in the Google Play Store Terms of Service). You acknowledge that Google has no obligation to furnish you with any maintenance and support services with respect to the app.

You acknowledge that Google is not responsible for addressing any claims you have or any claims of any third party relating to the app or your possession and use of the app, including, but not limited to, (i) product warranty or liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; or (iv) claims that the app infringes a third party’s intellectual property rights.

In the event of any failure of the Android version of the app to conform to any applicable warranty that has not been effectively disclaimed by these Terms, you may notify Google, and Google will refund the purchase price for the app (if any) to you; to the maximum extent permitted by applicable law, Google will have no other warranty obligation whatsoever with respect to the app, and, as between Google and Workplace Rights, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be Workplace Rights’s responsibility, but only to the extent provided by these Terms. Please read the entire Terms, as other sections of these Terms limit Workplace Rights’s liability in this regard.

Google, and Google’s subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Google will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.

Representations and Warranties

You affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:You are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.Your use of the Services will not violate applicable law or infringe upon the intellectual property rights, privacy rights or publicity rights of third parties.

Indemnity

You agree to defend, indemnify and hold harmless Workplace Right and its parent, subsidiaries, agents, managers, and other affiliated companies, and their 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) arising from: (i) your use of and access to the Services, including any data or work transmitted or received by you; or (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WORKPLACE RIGHTS, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THESE SERVICES. UNDER NO CIRCUMSTANCES WILL WORKPLACE RIGHTS BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR THE INFORMATION CONTAINED THEREIN.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WORKPLACE RIGHTS ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF PLATFORM CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IF, FOR ANY REASON, HR ACUITY IS DETERMINED TO HAVE FINANCIAL LIABILITY TO YOU, THE TOTAL LIABILITY SHALL NOT EXCEED FIVE UNITED STATES DOLLARS ($5.00).

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WORKPLACE RIGHTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

Disclaimer of No Professional Services or Advice

WORKPLACE RIGHTS is not in the business of providing legal, regulatory, tax, financial, accounting, employment, or other professional services or advice. Any information provided by WORKPLACE RIGHTS via the Services or otherwise is meant for informational purposes only and should not be interpreted as professional advice. Certain educational information that you may find or receive through WORKPLACE RIGHTS may not be the right fit for your particular situation. We request that you not rely solely on the information you receive through WORKPLACE RIGHTS to make decisions, and we strongly suggest that you consult with other advisers or gather additional information pertaining to your particular circumstances before doing so. No part of this Agreement is intended or shall be construed as legal advice. WORKPLACE RIGHTS shall not be liable for any errors or omissions in the content of this Agreement or for any actions taken in reliance thereon.

Disclaimer of Warranties and No Guarantee

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WORKPLACE RIGHTS, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE PLATFORM CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. USERS IN STATES OR JURISDICTIONS THAT DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES MAY HAVE DIFFERENT LEGAL RIGHTS, WHICH MAY VARY BY JURISDICTION. IN SUCH STATES OR JURISDICTIONS OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.

Modifications to This Agreement

WORKPLACE RIGHTS reserves the right to change the terms, conditions, and notices under which it offers the Services at any time and without notice, and such modifications will be deemed effective immediately upon posting. You are responsible for regularly reviewing this Agreement and any changes made to this Agreement. You can review the most current version of this Agreement at any time at https://workplacerights.ai/terms-and-conditions/

WORKPLACE RIGHTS Is Not Responsible for Things WORKPLACE RIGHTS Cannot Control

WORKPLACE RIGHTS is not responsible or liable for any delays or failures in performance from any cause beyond WORKPLACE RIGHTS’s control, including, but not limited to, acts of God, changes to laws or regulations, embargoes, wars, terrorist acts, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power outages, strikes, weather conditions, acts of hackers, acts of internet service providers, acts of any other third party, or acts or omissions of User.


Without limiting the generality of the foregoing, the Platform Content and the Services rely on third-party technology and services for web hosting services. Any change to the products or services offered by any of these third-party providers may materially and adversely affect, or entirely disable, User’s use of or access to the Platform Content and the Services. Likewise, WORKPLACE RIGHTS cannot guarantee that any content hosted on a third-party server will remain secure.

Legal information, not legal advice

This site includes areas that will give information that is intended to help consumers find legal assistance, learn about the law and the legal system in the United States, or work better with an attorney. This site and the information provided, however, do not constitute legal advice and must not be used as a substitute for the counsel and services that you may require from an attorney authorized to practice law in your jurisdiction. The term “advice” or “advise” used on this site is intended for informational purposes only and does not constitute legal advice. Your use of this site does not create an attorney-client relationship or any other professional relationship whatsoever between you and Workplace Rights. Your reliance and use of the information contained in or linked from this site is done at your own risk.

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