PLEASE READ THESE SITE TERMS CAREFULLY. BY ACCESSING OR USING OUR WEBSITES, YOU AGREE TO BE BOUND BY THESE SITE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT ACCESS OR USE OUR WEBSITES.
These Site Terms ("Terms") govern your access to, and use of, the websites (collectively, the "Sites") that are owned or operated by Whurk, Inc. ("Whurk"). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Whurk for products, services or otherwise. If you are using the Sites on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to be responsible to Whurk if you violate these Terms.
Whurk reserves the right to change or modify these Terms at any time and in our sole discretion. If Whurk makes changes to these Terms, we will provide notice of such changes, such as by updating the "Last Updated" date at the top of these Terms. Your continued use of the Sites will confirm your acceptance of the revised Terms. We encourage you to frequently review our Terms to ensure that you understand the terms and conditions that apply to your use of the Sites. If you do not agree to any amended Terms, you must immediately stop using the Sites.
Enforcement of these Terms is solely in Whurk's discretion, and the absence of enforcement of these Terms in some instances does not constitute a waiver of Whurk's right to enforce these Terms in other instances. Any use of the Sites in violation of these Terms may result in, among other things, termination or suspension of your right to use the Sites.
Please refer to our Privay Policy for information about how Whurk collects, uses and discloses information about our users.
The Sites are not targeted towards, nor intended for use by, anyone under the age of 18. By accessing or using the Sites, you represent and warrant that you are a resident of the United States and at 18 years of age or older.
In order to access and use certain areas or features of the Sites, you may need to register for an online account. You agree to (w) provide accurate, current and complete account information; (x) maintain and promptly update your account information; (y) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to Whurk; and (z) promptly notify Whurk if you discover or otherwise suspect any security breaches related to the Services.
Unless otherwise indicated on the Sites or by Whurk, the Sites and all content and other materials therein, including, without limitation, the Whurk logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, "Site Materials") are the proprietary property of Whurk or our licensors or users and are protected by U.S. and international copyright laws.
Whurk grants you a limited, non-transferable, non-exclusive, non-sublicensable license to access and use the Sites and Site Materials; however, such license is subject to these Terms and does not include (a) any resale or commercial use of the Sites or Site Materials; (b) the distribution, public performance, or public display of any Site Materials; (c) modifying or otherwise making any derivative uses of the Sites or Site Materials, or any portion thereof; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Sites, Site Materials or any information contained therein, except as expressly permitted on the Sites; and (f) any use of the Sites or Site Materials other than for their intended purposes. Any use of the Sites or Site Materials other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use also may violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein or otherwise by Whurk, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
"Whurk" and the Whurk logo and any other Whurk product or service names, logos or slogans that may appear on the Sites are trademarks of Whurk in the United States and in other countries, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Whurk or the applicable trademark holder. You may not use any metatags or other "hidden text" utilizing "Whurk" or any other name, trademark, or product or service name of Whurk without our prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of Whurk and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned in the Sites are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Whurk.
Whurk grants you a limited, non-exclusive right to create a text hyperlink to the Sites for non-commercial purposes; provided, that such link does not portray Whurk or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner; provided further, that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use any of our logos or other proprietary graphics to link to the Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Whurk trademark, logo or other proprietary information, including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page on the Sites without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Whurk or any third party.
Whurk makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Sites, or websites linking to the Sites. Such sites are not under the control of Whurk, and Whurk is not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. Whurk provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by Whurk of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering and protection practices, of any site to which you navigate from the Sites.
Whurk may provide third-party content on the Sites and may provide links to web pages and content of third parties (collectively, "Third-Party Content") as a service to those interested in this information. Whurk does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. Whurk is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk.
Whurk may display advertisements and promotions from third parties on the Sites or may otherwise provide information about or links to third-party products or services on the Sites. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Whurk is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of third-party information on the Sites.
You agree that your access to and use of the Sites will not violate any law, contract, intellectual property or other third-party right or constitute a tort, and that you are solely responsible for your conduct while on the Sites. You further agree that you will abide by these Terms and will not:
You may submit questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information or materials about Whurk and the Sites (collectively, "Feedback"). Feedback, whether submitted through the Sites or otherwise, is non-confidential and shall become the sole property of Whurk. Whurk shall own exclusive rights, including all intellectual property rights, in and to such Feedback and shall be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
These Terms and your access to and use of the Sites shall be governed by and construed in accordance with the laws of Oregon, without regard to conflict of law principles. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in Multnomah County, Oregon, [Note to Whurk: Please confirm] and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.