Welcome to workbay.net, a website of Workbay LLC! Thank you for using our services.The workbay.net website (the “Site”) enables you to search or post job postings, engage in learning programs and connect with potential employers, employees and recruiters.

The terms Workbay or “us” or “we” refer to a platform (located at: workbay.net, or, product and service suite that is the property of Workbay LLC in the USA and Engage Learning Systems 2010 Inc. (EngageLearn) worldwide. These Terms of Use are an agreement between you, the user, and Workbay LLC in the USA and EngageLearn in Canada and their affiliates, partners, licensors, agents, consultants, and suppliers, as applicable, as the owners and operators of workbay.net. All will be referred to as “Workbay”, “we” and ”us” for the purpose of this agreement.

The term “you” or “user” refers to you, the user of the Site, whether in your personal capacity or as an employee, contractor or other authorized user on behalf of another person or entity who has entered into an agreement with Workbay in order to provide you with access to the Site (each such person or entity is referred to as a “Registered Workbay Subscriber”). By Accessing or using the Site accessible at workbay.net, and other such locations, extensions and applications made available from time to time (collectively the “Site”) you are agreeing to be bound by these Terms of Use with us. If you wish to access the Site, you must accept and agree to comply with and be bound by these Terms of Use and Privacy Policy, which together govern our relationship with you in relation to your use of the Site and its content (collectively the “Terms of Use”). Please read these Terms of Use carefully. If you do not agree with the Terms of Use, do not register to use the Site and cease using or accessing this Site immediately. By accessing or using the Site, you acknowledge that you agree to be bound by these Terms of Use.

A SPECIAL NOTE ABOUT CHILDREN: Our Site is not designed or intended for use by children under the age of 13. If you are under 18, you should only use the Site and share information, including phone number and other such information, only with the consent of a parent or guardian.

Workbay reserves the right to amend the content of the Site and any or all of the Services provided through the Site, at any time, with or without notice to you. Workbay reserves the right, in its sole and absolute discretion to amend these Terms of Use, in whole or in part, at any time. Such changes will be effective when notice of such change is posted on the Site. Please check these Terms of Use frequently for any updates by checking the “Last Updated” section located at the top of these Terms of Use. If a change is not acceptable to you, you must discontinue all use of the Site immediately. Your continued browsing and use of the Site after any such changes are posted will constitute acceptance of all such changes.

Acceptable Use

This Site may only be used for lawful purposes and in accordance with these Terms of Use, either on a stand-alone basis or in conjunction with a Registered Workbay Subscriber, by employers seeking employees, individuals seeking employment and career information, job counsellors assisting individuals in connection with employment and recruitment companies (the “Purpose”).

You agree to use the Site only to post, send, and receive content that is proper, lawful, relevant, and directly related to the Purpose of the Site and that you will comply with all laws that apply to your use of or activities on the Site or in respect of all content you submit, post, or provide.

In order to use the Site, you must be at least of the age of employment in your state of residence, possess the legal capacity to enter into these Terms of Use, and have all necessary rights in and to all materials you submit to or create on the Site. If you are under the age of majority in your state of residence, you must inform your parents or legal guardian and they must have approved of your use of the Site.

Subject to your compliance with these Terms of Use, Workbay grants to you a non-exclusive, non-transferable, revocable license to access, use and view the Site, its contents and the Materials, solely for your own personal or corporate use as a representative of a Registered Workbay Subscriber.

Prohibited Use

In connection with your use of the Site, you agree that you will not, nor will you allow others to, directly or indirectly:

Use the Site in any manner which could damage, disable, overburden or impair the Site, or disrupt or interfere with any other person’s use and enjoyment of the Site;

Create a link to the Site from another website or within a document without our prior written consent; Conduct or promote any activity that is illegal, harmful, disruptive, or distasteful to other users of the Site;

Submit, post, or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, hateful, vulgar, obscene, pornographic or tortuous or any materials which infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other proprietary or property right or that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law; Submit or post any incomplete, false, or inaccurate information, which includes false or inaccurate biographical information or a resume which is not your own accurate resume, if applicable;

Hide or attempt to hide your identity or impersonate any person or entity, including without limitation, one of our employees or agents, another user of the Site, a Registered Workbay Subscriber, or otherwise misrepresent your affiliation with any other person or entity;

Post content in connection with any franchise, pyramid scheme, multi-level marketing (MLM) opportunity, “club membership”, distributorship or sales representative agency arrangement or other business commercial opportunity, unless you are a Registered Workbay Subscriber and such actions are permitted pursuant to the subscription agreement entered into between the parties;

Alter or modify any part of the Site other than your own content as required in connection with the Purpose, which includes, deleting or revising any material posted by any other person or entity without lawful permission to do so;

Copy, aggregate, or distribute, in any manner, any part of the Site including all of its HTML content; Sell, reproduce, modify or attempt to modify the content of the Site in any way or reproduce or publicly display, perform, or distribute or otherwise use the content of the Site for any public or commercial purpose, including without limitation, use of the content on any other website; Attempt to gain access to portions of the Site for which you are not authorized to access;

Attempt to reverse engineer or otherwise derive the source code of the software comprising the Site; Transmit or upload any viruses, worms, or other harmful code; Use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the content in whole or in part;

Transmit any unsolicited e-mails to other users of the Site, including, but not limited to, advertisements or “spam”;

Transmit, upload, or otherwise make available any material which violates intellectual property laws including, but not limited to, copyright or trademark laws, or which violates the privacy, publicity, or other personal rights of other users of the Site;

Collect any personally identifiable information, including account names, email addresses, or other such information of the users for commercial purposes or purposes which violate privacy laws in your jurisdiction, except as may be permitted pursuant to these Terms of Use and a Registered Workbay Subscriber’s agreement with Workbay;

Post opinions, notices or advertisements, commercial or otherwise or solicit business from Registered Workbay Subscribers, including any solicitation by any of our competitors of Registered Workbay Subscribers;

Remove, from any copy of the content downloaded, the copyright or other proprietary notices contained in the content;

Transfer the content to any other person without the written consent of Workbay; Interfere with the security of, or otherwise abuse, this Site or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites;

Use or attempt to use another’s account, password, service, system or other information without prior written authorization from Workbay; and

Register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.

Workbay reserves the right to immediately terminate or suspend your account upon discovery of such prohibited activities by a user. At all times we reserve the right to disclose any content submitted, posted, or transmitted to the Site by you as is necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or remove any content, in whole or in part, that in our absolute discretion is objectionable or in violation of these Terms of Use. We will investigate occurrences which may involve violations of these Terms of Use and may involve and/or fully cooperate with law enforcement authorities in prosecuting users of the Site who are involved in such violations.

Account Information, Password and Security

You acknowledge and agree that you are solely responsible for all actions and communications undertaken or transmitted under your account and that you accept all risks associated with any such unauthorized activity.

You agree that the information you provide to Workbay in connection with registering to use the Site and at all other times will be true, accurate, current and complete. In order to access the Site, you will be required to register and create an account by supplying a username, if not previously provided to you by Workbay or a Regsitered Workbay Subscriber, and password. You must keep your password strictly confidential at all times. You must notify Workbay immediately of any unauthorized use of your password or if you believe that your password is no longer confidential and known only to you. You may not share your password with any other person for any reason, unless specifically authorized by Workbay. When you register, we will ask you to provide certain other personal information.

You shall not use any other user’s username or password without their permission. You agree to comply with all security requirements established by Workbay from time to time in connection with the use of the Site. Unauthorized attempts to circumvent security features to use the Site for purposes other than its intended Purposes or to obtain, alter, damage or destroy information or otherwise interfere with the operation of the Site, are not permitted and any evidence of such acts may be disclosed to law enforcement authorities and result in criminal prosecution. Workbay reserves the right to immediately terminate or suspend your account upon discovery of such unauthorized activities by a user.

Ownership and Proprietary Rights

The Site is owned and operated by Workbay LLC in the USA and Workbay Inc internationally (“Workbay”). The content, visual interfaces, information, alerts, graphics, design, compilation, computer code, products, software and all other elements of the Site (collectively, the “Materials”) are protected by copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights and applicable laws. The Materials are the property of Workbay and its licensors. All trademarks, service marks and trade names displayed on the Site are proprietary to Workbay, its affiliates and licensors. Except as expressly authorized by Workbay, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials. Except as expressly provided herein, we do not grant any express or implied right or license to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information.

Our services, methods and processes may also be protected by patents or other intellectual property rights, and are subject to trade secret and other proprietary rights. We reserve all such rights.

The names of the services we offer, company names and logos used on the Site may be trademarks, including our registered trademarks or those of our licensors. Such service names, company names and logos may not be copied, imitated or used, in whole or in part, without our prior written consent. Other services and company names, logos or trademarks used on this Site may be the trademarks of their respective owners.

You hereby grant to Workbay a worldwide, royalty free, non-exclusive, transferable, license to use, copy, store, modify, adapt and display any content and materials you create, post, submit or transmit on or through the Site. You represent and warrant that you have all right, title and interest in and to the content and materials you post, submit or transmit on or through the Site and have the requisite authority to grant the licenses provided in these Terms of Use. If you are a user that is not a representative of a Registered Workbay Subscriber, you hereby grant to each Registered Workbay Subscriber a worldwide, royalty free, non-exclusive, non-transferable, revocable license to use, copy, store, modify, adapt and display any content and materials you create, post, submit or transmit on or through the Site in connection with the Purpose.

Other than personally identifiable information subject to our Privacy Policy, any material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments or other communication you submit, transmit or post to the Site in any manner is and will be considered non-confidential and non-proprietary information. You will retain ownership of any such information.

Termination and Suspension of Access to the Site

Workbay reserves the right, in its sole discretion, to terminate or suspend your access to the Site or any portion thereof at any time, without notice. Workbay further reserves the right to terminate any or all of the services provided in connection with the Site at any time without notice to you. Workbay will have no liability for any damage that may arise as a result of such cancellation.

Any or all of the services available to you through the Site may periodically be unavailable to you in order to allow for maintenance, updates or other reasonable causes, including causes beyond Workbay’s control.

Third Party Websites

From time to time this Site may also include or display links to other websites operated by third parties. These links are provided for your convenience. They do not signify that we endorse the website(s) in question. Workbay makes no express or implied warranties as to the information, material, products or services that are contained on or accessible through such websites. You agree that we have no responsibility for the content of any such linked website(s) and acknowledge that your use of such websites will be governed by such terms of use as may be required by such third parties.

Disclaimers

You agree that your use of the site will be at your sole risk and that your access to and use of the site and all content thereon is provided “as is” and “as available”. To the fullest extent permitted by law, Workbay and its officers, directors, employees and agents disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, warranties of merchantability, fitness for a particular purposes, title, non-infringement, suitability, reliability or accuracy of the site or content for any purpose. Workbay makes no warranties or representations about the site, or the contents thereof, and assumes no liability or responsibility for any (a) errors, mistakes, or inaccuracies of content and materials, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (c) any unauthorized access to or use of Workbay servers and/or any and all information stored therein, (d) any interruption or cessation of transmission to or from the site, (e) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site or by any third party and/or (f) any errors or omissions in any content or materials or for any loss or damage of any kind incurred as a result of the use of the site.

We are under no legal obligation to, and do not control, review, or verify the content provided by other users and made available to you through the Site nor do we confirm that each user of the Site is who they claim to be. By its very nature, other users information may be offensive, harmful or inaccurate to you, and in some cases may be mislabelled or deceptively labelled. Neither we, nor any third parties with whom we are associated, provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and content found or offered on the Site for any particular purpose. You acknowledge that such information and content may be inaccurate or erroneous and we expressly exclude any liability for such inaccuracies or errors to the fullest extent permitted by law. You acknowledge and agree that it is not possible for the content or users of the Site to be screened with full certainty, and that you use and rely on the Site and its contents entirely at your own risk. You acknowledge that we are not an accredited educational institution and agree that it is your sole responsibility to ensure that any products, services or information available through the Site are sufficient, sufficiently reliable, and otherwise meet your specific requirements. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume, posting or other Materials, as applicable, placed by you on the Site. All opinions, advice or comments which may appear on the Site from time to time are those of the specific person providing them and do not necessarily represent our opinions, advice or views, nor those of any of our affiliates. Before acting upon any opinion, advice or comment provided by any person using the Site or otherwise communicated to you through the Site, you should seek informed advice from your own expert or professional.

You agree, acknowledge, and understand that we use reasonable efforts to ensure user privacy, but cannot be held responsible or liable in any way, shape, or form for the disclosure, loss or deletion of any information or content resulting from, but not limited to, use of stolen or fraudulently passwords, or otherwise. The terms of this paragraph shall survive termination of your use of the Site.

You agree that Workbay, nor any of its affiliates, shall not be responsible in respect of any employment decisions, for whatever reason made, by any entity who uses the Site.

Limitation of Liability

You agree that Workbay will not be responsible or liable for any loss or damages whatsoever, including without limitation, indirect, special or consequential damages or other damages (including without limitation damages for harm to business, loss of information or programs or data, loss of profit, loss of savings, loss of revenue), arising from or in connection with the use of or access to, or the inability to use or access this site, the materials, and any content provided, even if Workbay has been advised of the possibility of such damage or loss. In any event, you agree that Workbay’s aggregate liability for damages shall be limited to $100.

Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Workbay, its affiliates, agents, employees, officers and directors, from and against any liability, claims, actions or demands (including, without limitation, reasonable legal fees any other costs or expenses of any kind whatsoever incurred) in relation to, as a consequence of or arising out of or in any way attributable your use or misuse of the Site, any violation of the rights of any other person or entity by you, any content you provide or breach of these Terms of Use. Workbay reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Workbay and you agree to co-operate with and provide any necessary information for Workbay’s defense of such claims.

SMS/MMS Alerts and “Buddy System” Authorization

By providing your phone number during the registration process, you agree that: You are authorized: (a) to enroll the designated mobile phone number in the SMS/MMS Updates Service (“SMS/MMS Updates”), and (b) to incur any mobile message or data charges that may be incurred by participating in the SMS/MMS Updates, (c) you are of the age of consent.

Buddy System

During the course of your participation in SMS/MMS Updates, Workbay may ask you to provide the contact phone number of a friend, acquaintance, teacher, support person, family member, or other such relation (“Buddy”) in order to provide them with SMS/MMS Updates about your progress and activity on the site. If you provide your Buddy’s phone number, in accordance with these Terms of Use you agree that:

You personally know this person; You obtained their phone number with their consent;

They are of the age of consent (18 or older) and have the capacity to give their consent to the usage of their phone number;

You have received approval from them to share their phone number for this specific purpose and in accordance with these Terms of Use;

You agree to share your activity with them;

Subscribing to SMS/MMS Updates

You subscribe to SMS/MMS Updates by entering and submitting your phone number in the provided sign up field available on our Site. By entering your phone number and completing the submission form, you consent to these Terms of Use and to receive text message communications from Workbay. A text message will be delivered to the mobile number you provided confirming your enrollment once you have submitted your phone number. You are responsible for managing the types of texts (whether SMS or MMS) you receive.

Frequency of Messages

The number and frequency of SMS/MMS Updates sent to your device depends on a variety of factors, which may include your activity on the site, the number of recently posted jobs matching your search criteria, jobs that you have applied to or your resume, if you’ve asked for help or support via text messaging, among other things. TO STOP MESSAGES To stop SMS/MMS Updates you must follow the instructions sent over the SMS/MMS Updates, which are subject to variation. Alternatively you can contact info@workbay.net for additional support.

Message, Voice and Data Rates May Apply

By participating in the SMS/MMS Updates, you approve any such charges from your mobile carrier. Check your carrier’s plan for details. You acknowledge and agree that you are solely responsible and liable for obtaining, maintaining, and paying all charges related to your mobile device(s).

Use of Automated Dialling Technology

You acknowledge and agree that the SMS/MMS Updates may be provided in some cases through automatic telephone dialing technology, an artificial voice or a pre-recorded voice. By providing us your phone number, you expressly consent to receive the SMS/MMS Updates through automatic dialing technology, artificial and pre-recorded voice.

General Communications

You agree to receive messages from Workbay and its representatives, employees, and agents, through any means authorized under these Terms of Use, including phone calls and text messages that use automatic telephone dialing technology, artificial voice or pre-recorded voice or live person.

Termination

Workbay reserves the right to cancel or suspend any or all of the SMS/MMS Updates, in whole or in part, for any reason, with or without notice to you.

General

These Terms of Use are governed by, and to be construed and interpreted in accordance with, the laws of the State of Tennessee and the laws of the United States applicable in that State. Any action taken in connection with the operation and content of the Site, or these Terms of Use, must be brought in a court of competent jurisdiction located in Memphis, Tennessee, U.S..

When you visit the Site or send electronic mail to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices or sending messages to you on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide electronically satisfy any legal requirement that such communications be in writing. In addition, you consent to receive communications from Registered Workbay Subscribers in accordance with the Purposes.

If any term, clause or provision of these Terms of Use is deemed invalid or unenforceable for any reason, the remainder of these Terms of Use shall remain valid and enforceable in accordance with their terms.

You agree that English will be the official language of the Site, and of all official communication transactions occurring in connection with the Site, and you waive any right to use and rely upon any other language or translations in official communication about the site or these Terms of Use.

You acknowledge that Workbay’s official Terms of Use have been drawn up in English, and any version provided in alternate languages has been provided as a courtesy only, and should not be used for reference in official regards to the Terms of Use outlined for this site.