February 5, 2020
Welcome to MidSouthWorks a website of Workbay LLC! Thank you for using our services.The MidSouthWorks website (the “Site”) enables you to search or post job postings, engage in learning programs and connect with potential employers, employees and recruiters.
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.
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 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 MidSouthWorks 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 MidSouthWorks 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;
- Post opinions, notices or advertisements, commercial or otherwise or solicit business from Registered MidSouthWorks Subscribers, including any solicitation by any of our competitors of Registered MidSouthWorks 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 MidSouthWorks;
- 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 MidSouthWorks; 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.
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 MidSouthWorks 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 MidSouthWorks or a Regsitered MidSouthWorks Subscriber, and password. You must keep your password strictly confidential at all times. You must notify MidSouthWorks 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 MidSouthWorks. 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 MidSouthWorks 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. MidSouthWorks 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.
TERMINATION AND SUSPENSION OF ACCESS TO THE SITE
MidSouthWorks 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. MidSouthWorks 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. MidSouthWorks 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 MidSouthWorks’s control.
THIRD PARTY WEBSITES
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, MidSouthWorks 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. MidSouthWorks 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 MidSouthWorks 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 MidSouthWorks, 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 MidSouthWorks 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 MidSouthWorks has been advised of the possibility of such damage or loss. In any event, you agree that MidSouthWorks’s aggregate liability for damages shall be limited to $100.
SMS/MMS ALERTS AND “BUDDY SYSTEM”
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.
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 agree to share your activity with them.
SUBSCRIBING TO SMS/MMS UPDATES
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 firstname.lastname@example.org 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 DIALING 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.
MidSouthWorks 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.
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 MidSouthWorks Subscribers in accordance with the Purposes.