Terms of Use for Users (“User Terms”)
Last updated: February 1, 2020.
Please read these Terms of Use for Users (“User Terms”, “User Terms of Use”) carefully before using the http://www.wrk360.com website (the “Service”) operated by WRK/360 LLC (the “Company”, “Us”, “us”, “We”, “we”, “our” or “Our”). In these Terms of Use, the words “You” and “Your” refer to each customer and Site visitor.
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service. If you are a resident that lives outside of the United States, you are not permitted to use the Service. We reserve the right to delete your account if you use this service while outside the United States.
By accessing or using the Service you agree to be bound by these Terms in this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU DO NOT HAVE PERMISSION TO USE THE SERVICE.
SECTION 1: THE WRK/360 SERVICE.
The Service provides an online directory of legal, finance and health and wellness professionals (“Professional Providers”) who have been admitted to the WRK/360 Professional Membership Network (the “Network”). The Service also provides support to Users who wish to be matched with attorneys, finance and health and wellness professionals in the Network in the form of a matchmaking service (the “Matchmaking Service”). The Matchmaking Service assists Users in finding and searching for professionals within the Network.
The Service also provides an online portal and blog to give visitors a general understanding of and general information on commonly encountered legal issues, financial issues and health and wellness issues and topics.
Our Service may allow you to submit and otherwise make available certain information by way of interviews and testimonials, whether over the phone, email, through form submission or in-person, submission of text or other material for use on the Service as member stories, testimonials, biographies, images, photos, headshots and content (“Content”).
By making said Content available for use on and by the Service, you agree to transfer full ownership of said Content in its entirety to Company in perpetuity. The Company retains any and all rights to any Content you submit to be used or displayed on or through the Service including the right to modify, publicly perform, publicly display, reproduce and distribute such Content on and through the Service as well as any third-party services, websites and products. We take no responsibility and assume no liability for Content posted on or through the Service.
In addition, Content found on or through this Service is the property of WRK/360 LLC and may not be used without permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
In order to use the Matchmaking Service, Users must fill out and complete a form submission, which asks Users to provide information such as their name, email address, zip code and other information about the type of professional the User is seeking to find. We are not liable for any damages caused to any Users of the Matchmaking Service. It is the User’s responsibility to vet the professionals in the Network prior to working with any professionals and therefore WRK/360 LLC assumes no liability for any damages caused to Users from any of the professionals in the Network.
WRK/360 LLC has established a Privacy Policy that explains to Users how their personal information, including information submitted in the form submission fields to use the Matchmaking Service, is collected and used. Our Privacy Policy is located at here. You represent that You have the legal authority to disclose such information to our Matchmaking Service. We are not liable for any information submitted by You to our Matchmaking Service.
WRK/360 may offer members one of the following membership plans: Annual DIY Access, Annual Concierge Pro, Annual Concierge Premium, monthly access, a la carte access and lifetime (“Plans”). You may log in to the Service to manage your account and confirm which Plan you currently have. You may learn about the various benefits of each plan here. The benefits of Your Plan are available only while Your Plan is active and Your WRK/360 account is in good standing. We reserve the right to modify the Plans at any time in our sole discretion. The details of Your selected Plan, including the price and the various benefits offered therein, might be different than those details applicable to another new or existing User who purchased the same Plan in the same zip code.
SECTION 2: NO LEGAL, FINANCIAL OR MEDICAL ADVICE
By using the Service, you understand and agree that the Service as well as WRK/360 are not a law firm or an attorney, doctor, financial professional or health and wellness professional, may not perform services performed by an attorney, doctor, financial professional or health and wellness professional, and its Content is not a substitute for the advice or services of an attorney, doctor, financial or health and wellness professional.
The Service and WRK/360 LLC are not responsible for the professional advice of its Content or professional PROVIDERS that are members of the WRK/360 PROFESSIONAL Membership Network. By requesting to be matched with a professional that is part of WRK/360’s Professional Membership Network, you agree and acknowledge that the Service and WRK/360 LLC are not responsible for any legal, medical, financial or health and wellness advice or services provided by any affiliated Professional Providers and agree to indemnify and hold harmless the Service from any claims that may arise from use of any affiliated professional provider member.
We do not endorse nor are We liable for any Content, products, goods or services available or unavailable from or through a Professional Provider (which includes, but is not limited to, attorneys, doctors, financial professionals and health care and wellness providers). This includes any and all information listed in the Professional Provider’s profile page. You agree that should You use or rely on such Content, products, goods or services, available or unavailable from, or through any Professional Provider, WRK/360 LLC is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with any Professional Provider, and any other terms, conditions, representations or warranties associated with such dealings, are between You and such Professional Provider exclusively and do not involve WRK/360 LLC. You should make whatever investigation or other resources that You deem necessary or appropriate before hiring or engaging Professional Providers.
THE SERVICE IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER, UNDER ANY CIRCUMSTANCE. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL A HEALTHCARE PROFESSIONAL AND 911.
We have no control over, and cannot guarantee the availability of, any medical, health or wellness professional at any particular time. We will not be liable for cancelled or otherwise unfulfilled appointments, or any injury or loss resulting therefrom, or for any other injury or loss resulting or arising from, or related to, the use of the Services whatsoever.
SECTION 3: NO CONFIDENTIAL OR PRIVILEDGED RELATIONSHIP
No attorney-client relationship, doctor-patient confidentiality or special confidential relationship of any nature is ever created between the User and WRK/360 LLC or any of our brands. A confidential or privileged relationship may be created through your relationship with your Professional Provider. We encourage you to discuss this with your Professional Provider prior to engaging them to perform services for you.
SECTION 4: REGISTRATION INFORMATION
As a condition of Your use of the Service, You agree to: (a) provide WRK/360 with true, accurate, current and complete information as prompted by the WRK/360 registration forms, when registering for or using the Service; and (b) update and maintain the truthfulness, accuracy and completeness of such information.
SECTION 5: SERVICE FEES AND BILLING METHODS; AUTOMATIC RENEWAL
We will charge you a subscription fee in order to provide the Service. Your subscription fee is the amount You were charged for one term of Your Subscription or Plan, not including any promotions or discounts that may have been applied (the “Subscription Fee”). For this or other reasons, the Subscription Fee might be different than the amount paid by another new or existing User who purchased the same Plan in the same zip code. By registering for a Plan, you authorize WRK/360 LLC via our third-party payment processors to charge the credit card(s), debit cards(s) or other payment information that you freely and voluntarily enter on our website to use the Service. The payment authorized is for the amount indicated in your Plan only. You further certify that you are the authorized user of the credit card(s), debit card(s) or payment information that you freely and voluntarily enter on Our website to use the Service and that you will not dispute the payment with your credit card company or bank; so long as the payment corresponds with the terms in this Agreement.
You may cancel your Plan and therefore Subscription Fee at any time by logging into Your account on the Service and updating the terms of Your Plan. You may also contact us at hello@wrk360.com and we will assist you in cancelling Your Plan. Upon cancellation, you will not be charged for any renewal periods and your Plan and therefore Subscription Fee will not continue past the then current period. However, all Subscription Fees paid prior to termination of Your Plan, including those paid in advance for one month, one year or multi-year periods, are non-refundable and you shall be responsible for any changes to your chosen payment method for Your Plan prior to your cancellation.
We may from time to time in our sole discretion offer certain product or service incentives and/or discounts (“Incentives”) to select one of the Plans (e.g. a free trial week). We may at any time for any reason discontinue any such Incentives. We are not responsible for replacing any lost Incentives.
SECTION 6: ACCOUNT SECURITY
You will be required to create a user ID and password when You register Your account. Your user ID and password may only be used by You. You are solely responsive for maintaining and protecting the confidentiality of Your user ID and password, and are fully responsible for all activities that occur under Your user ID and password.
SECTION 7: COMMUNICATIONS.
By creating an account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
SECTION 8: PURCHASES AND THIRD-PARTY PAYMENT PLATFORMS
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
The service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected, or if you fail to comply with the terms of this Terms of Use, or our Privacy Policy.
SECTION 9: WRK/360; USE OF DESCRIPTIVE TERMS
The term “experience”, “experienced”, “trusted” or other adjective in connection to professionals affiliated with WRK/360 as used on the Site and in other communications in reference to third party professionals participating in WRK/360’s Professional Network means that each professional has been vetted by Us according to our vetting criteria as outlined here. These terms such as “experience”, “experienced” or “trusted” are not intended to be a comparison to any other professional’s services or qualifications. You are responsible for vetting your own Professional Provider based on your own needs.
NOT A PROFESSIONAL REFERRAL SERVICE
The Matchmaking Service is NOT A DOCTOR OR LAWYER REFERRAL SERVICE. We earn revenue from professionals who have been invited into our network in the form of membership dues to be listed in our online directory, and we do not collect a fee from services provided to you by our member professionals. We are a platform that facilitates finding, matching and communications between professional providers and our users. We charge an annual membership fee for the professional provider to have access to advertise her services via the platform, regardless of the number of clients or patients acquired and independent of any fees that may be charged to clients or patients. Therefore, the fee charged is solely for use of the platform and is unrelated to any fees charged to clients or patients. WRK/360 do not and never will share in any fees charged to you by your professional provider. We also do not permit professional providers to pay us to recommend their services. We do not endorse or recommend individual professional providers in any way. Users are matched with professional providers based on the type of professional provider they are looking for, state where they live and by proximity/physical location to the professional provider. Additionally, because users contact the professional providers directly at their own, voluntary discretion and because no initial contact is made by the professional providers either through Our platform or facilitated by Our platform, we therefore do not permit nor allow the solicitation of clients/patients by professional providers. Per the above, WRK/360 is not a Lawyer or Doctor Referral Service and is therefore compliant with the American Bar Association Model Rules of Professional Conduct.
SECTION 10: AVAILABILITY, ERRORS AND INACCURACIES
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
SECTION 11: CONTESTS, SWEEPSTAKES AND PROMOTIONS
Any contests, sweepstakes or other promotions (collectively, “Promotions”) made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.
SECTION 12: ACCOUNTS
When You create an account with us, You guarantee that you are above the age of 18, and that the information You provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
SECTION 13: INTELLECTUAL PROPERTY
The Service and its original content, features and functionality are and will remain the exclusive property of WRK/360 LLC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of WRK/360 LLC.
SECTION 14: LINKS TO OTHER WEBSITES
Our Service may contain links to third party web sites or services that are not owned or controlled by WRK/360 LLC. WRK/360 LLC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that WRK/360 LLC 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 use of or reliance on any such content, goods or services available on or through any such third party web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
SECTION 15: TERMINATION
We may terminate or suspend Your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms. If you wish to terminate your account, you may simply discontinue using the Service. You may also request that your account and all of your personal information be deleted. We will do our best to comply with your request, but may be required to retain your information if required by law. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
SECTION 16: INDEMNIFICATION
You agree to defend, indemnify and hold harmless WRK/360 LLC and its licensee and licensors, 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), resulting from or arising out of a) your use and access of the Service and use of any Professional Provider, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
SECTION 17: LIMITATION OF LIABILITY
In no event shall WRK/360 LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; (iv) any use of a Professional Provider affiliated with the Service; and (v) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
You understand and agree that Your access to the Service represents a substantial portion of the value You receive from Your Subscription Fee. THEREFORE, TO THE EXTENT WRK/360 LLC IS FOUND LIABLE FOR ANYTHING RELATED TO THESE TERMS OR THE USER OF THE SERVICE, WRK/360’S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF YOUR MEMBERSHIP FEE.
SECTION 18: DISCLAIMER OF WARRANTIES
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
WRK/360 LLC, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
SECTION 19: EXCLUSIONS
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
SECTION 20: DISPUTE RESOLUTION
By agreeing to these Terms of Use for Users, you agree that any and all disputes arising pursuant to Your use of the service, the Site or any other dispute which relates in any manner whatsoever to this Agreement which cannot be resolved in a reasonable time by discussions shall be submitted to arbitration in Los Angeles, California before a sole arbitrator (the “Arbitrator”) selected from Judicial Arbitration and Mediation Services, Inc., Los Angeles, California, or its successor (“JAMS”), or if JAMS is no longer able to supply the arbitrator, such arbitrator shall be selected from the American Arbitration Association, and shall be conducted in accordance with the rules and procedures of JAMS. JAMS is the exclusive forum for the resolution of such dispute; provided, however, that provisional injunctive relief may, but need not, be sought by either Party in a court of law while arbitration proceedings are pending, and any provisional injunctive relief granted by such court shall remain effective until the matter is finally determined by the Arbitrator. Final resolution of any dispute through arbitration may include any remedy or relief which the Arbitrator deems just and equitable, including any and all remedies provided by applicable state or federal statutes.
At the conclusion of the arbitration, the Arbitrator shall issue a written decision that sets forth the essential findings and conclusions upon which the Arbitrator’s award or decision is based. Any award or relief granted by the Arbitrator hereunder shall be final and binding on the Parties hereto and may be enforced by any court of competent jurisdiction. You hereby acknowledge and agree that you are hereby waiving any rights to trial by jury in any action, proceeding or counterclaim brought by either of the Parties against the other in connection with any matter whatsoever arising out of or in any way connected with this Agreement.
SECTION 21: GOVERNING LAW
These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
SECTION 22: CHANGES
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. The Service is not required to notify you prior to any changes, modifications or updates to the Terms. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
SECTION 23: CONTACT US & NOTICE
If you have any questions about these Terms, please contact us at hello@wrk360.com. You agree that We may communicate any notices to You under these Terms through electronic mail, regular mail or posting notices on the Service. All notices sent to WRK/360 LLC will be provided by sending a letter, first class certified mail, to WRK/360 LLC, 11901 Santa Monica Blvd, #496, Los Angeles, CA 90025. Such notices will be deemed delivered upon the verification of delivery.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
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