Website Policies

TERMS AND CONDITIONS & PRIVACY POLICY

Terms and Conditions

By visiting workability.net or workabilityinc.com (the “Site”) you are consenting to our Terms and Conditions.  Please read these Terms and Conditions in their entirety before using our Site.  If you do not agree to our Terms and Conditions, do not use this Site.  These Terms and Conditions apply only to our Site.  Terms, Confidentiality Agreements, and Policies for our Consulting Services and Programs are available by contacting our office at info@workability.net or (914) 764-0250.

The terms “we,” “us,” and “our” refer to WORKABILITY Inc.  The terms “user,” “you,” and “your” refer to Site visitors, customers, and any other users of the Site.

The term “Personal Information” is defined as information that you voluntarily provide to us that personally identifies you and/or your contact information, such as your name, phone number, physical address, and email address.

The term “Service” refers to all resource pages available, descriptions, written materials, enrollment forms available on our Site, ordering WORK SYSTEM supplies on our Site, and using the Contact form on our Site.

The term “Data” refers to all descriptions, concepts, information, content, and materials on this Site, including written materials, trademarks, graphics, images, and logos.

Use of our Site, including all materials presented herein and all online services provided by WORKABILITY Inc., is subject to the following Terms and Conditions.  These Terms and Conditions apply to all Site visitors, customers, and all other users of the Site.  By using the Site or Service you agree to these Terms and Conditions without modification and acknowledge reading them.

USE OF THE SITE AND SERVICE

To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to agree to these Terms and Conditions.  Children under the age of 18 are prohibited from using the Site.  Information provided on the Site is subject to change.  WORKABILITY Inc. makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free.  WORKABILITY Inc. disclaims all liability for any inaccuracy, error, or incompleteness in the Data.

You agree by using this Site that all Data is the proprietary property of WORKABILITY Inc. and is protected to the extent permitted by copyright, trade secret, and other applicable laws.  In addition, you agree not to reproduce, transfer, broadcast, or distribute the Data to any other person, either orally or in writing, without our prior written approval.  You agree not to resell, alter and sell, or repackage and sell the Data and not to use the Data in any form as part of any seminar, workshop, course, program, consulting, or similar business activity.

You understand that the Data on our Site has been developed over our many years in business, it is the confidential, proprietary, and commercially valuable property of WORKABILITY Inc. and to an extent represents our goodwill and credibility. You agree to protect and you agree not to use our Site, including our Data, in a way that might compromise it’s proprietary nature. You agree not to transmit, distribute, broadcast, or deliver our Data, or a modified reproduction of our Data, or anything derived from our Data.  You also agree not to use our Site or Data for commercial purposes without prior written approval and authorization for each occasion you wish to use the Data.

You may view and display our Data as long as you make it known to all viewers that it is the property and creation of WORKABILITY Inc. and that you prominently and clearly display all copyright and trademark notices.

LAWFUL PURPOSES

You may use the Site, Data, and Service for lawful purposes only.  You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site.  You agree to use the Site and to purchase Services or products through the Site for legitimate and non-commercial purposes only. You shall not use this Site for purposes that encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

REFUSAL OF SERVICE

The Services are offered subject to our acceptance of your order or requests.  We reserve the right to refuse service to any order, person, or entity, without the obligation to assign reason for doing so.  No order is deemed accepted by us until payment has been processed.  We may at any time change or discontinue any aspect, product, or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

CANCELLATIONS, REFUNDS, AND RETURNS

You may cancel your order for a full refund at any time before we have shipped your items.  If you are not satisfied with your order, you may return the items within 14 days of receipt for a refund of the product cost.  If your order arrives damaged, inform us right away, so we can arrange a refund and the return of the product.

Please contact us before returning any items at 914-764-0250 or supplies@workability.net.  We are not responsible for items you return to us if you have not contacted us first and/or if the items do not arrive.  We recommend you purchase insurance and tracking for all items you return.

PRODUCT DESCRIPTION

We endeavor to describe and display the Service as accurately as possible.  While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free.  From time to time we may correct errors in pricing and descriptions.  We maintain the right to change our prices without notice.  We reserve the right to refuse or cancel any order with an incorrect price listing.

OUR INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by WORKABILITY Inc., including but not exclusively trademarks, copyrights, proprietary information, names, logos, photographs, broadcasts, graphics, and other intellectual property.  You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce, or perform, or in any way exploit in any format whatsoever any of the Site, Data, Service Content, or intellectual property, in whole or in part, without our prior written consent.  We reserve the right to immediately remove you from the Service, without refund, if you violate this intellectual property policy.

RIGHT TO CHANGE OUR TERMS

We may at any time amend these Terms and Conditions.  Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site.  Any use of the Site or Service by you after being notified means you accept these amendments.  We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time.  We will post the most recent versions to the Site and list the effective date in our Terms and Conditions.

LIMITATION OF LIABILITY

THE INFORMATION ON OUR SITE IS NOT TO BE USED AS ADVICE OR COUNSEL; PARTICULARLY, BUT NOT EXCLUSIVELY, IT DOES NOT OFFER MEDICAL, PSYCHOLOGICAL, LEGAL, BUSINESS, THERAPEUTIC, RELIGIOUS, OR OTHER PROFESSIONAL ADVICE. THIS SITE, INCLUDING THE DATA, IS DESIGNED FOR INFORMATIONAL PURPOSES ONLY WITH ABSOLUTELY NO GUARANTEES OR WARRANTIES.

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE OR FROM YOUR INABILITY TO USE THE SITE.  ADDITIONALLY, WORKABILITY INC. IS NOT LIABLE FOR AND TO THE FULLEST EXTENT PERMITTED BY LAW EXPRESSLY DISCLAIMS DAMAGES IN CONNECTION WITH:

1. ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIALS OF SERVICE, ATTACK, INTERRUPTION, SUSPENSION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, TERMINATION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE;

2. LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA;

3. THIRD-PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY; AND

4. ALL EXPRESS, IMPLIED, OR STATUTORY ADVICE, COUNSEL, OR WARRANTEES, INCLUDING, BUT NOT EXCLUSIVELY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.

THE FOREGOING APPLIES EVEN IF WORKABILITY INC. HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES.  IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW.  IN NO EVENT SHALL WORKABILITY INC.’S CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE SERVICE YOU HAVE PURCHASED FROM WORKABILITY INC.’S WEBSITE, AND IF NO PURCHASE HAS BEEN MADE BY YOU, WORKABILITY INC.’S CUMULATIVE LIABILITY TO YOU SHALL NOT EXCEED $100.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OBTAINED THROUGH THE USE OF OUR SITE IS DONE AT YOUR OWN RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT MAY RESULT.

THIRD-PARTY RESOURCES

The Site and Service may contain links to or from third-party websites and resources.  You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or polices of third-party websites or resources.  Links to such websites or resources do not imply any endorsement by or affiliation with WORKABILITY Inc.  You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third-party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service.  You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary.  You shall not settle any third-party claim or waive any defense without our prior written consent.

EFFECT OF HEADINGS

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

ENTIRE AGREEMENT; WAIVER

This Agreement and our Privacy Policy constitutes the entire agreement between you and WORKABILITY Inc. pertaining to our Site and our Data from our Site and supersedes all prior and contemporaneous agreements, representations, and understandings between us.  No waiver of any of the provisions of the Agreement by WORKABILITY Inc. shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver.  No waiver shall be binding unless executed in writing by WORKABILITY Inc.

NOTICES

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

WORKABILITY Inc.
P.O. Box 404
Pound Ridge, NY 10576

GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be construed in accordance with, and governed by, the laws of the State of New York as applied to contracts that are executed and performed entirely in New York.  The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Westchester County, New York.  The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The International Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree.  The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

RECOVERY OF LITIGATION EXPENSES

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns.  These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you.  Any transfer, assignment, delegation, or sublicense by you is invalid.

PRIVACY POLICY

By visiting workability.net or workabilityinc.com you are consenting to our Privacy Policy in its entirety without modification or exception. Please read this Privacy Policy in its entirety before using our Site.  If you do not agree to our Privacy Policy, do not use this Site.  This Privacy Policy applies only to our Site.  Terms, Confidentiality Agreements, and Policies for our Consulting Services and Programs are available by contacting our office at info@workability.net or (914) 764-0250.

This Privacy Policy describes the Personal Information we collect through this website at workability.net and workabilityinc.com (the “Site”), and how we use that information.

The terms “we,” “us,” and “our” refers to WORKABILITY Inc.  The terms “user,” “you,” and “your” refer to Site visitors, customers, and any other users of the Site.

The term “Personal Information” is defined as information that you voluntarily provide to us that personally identifies you and/or your contact information, such as your name, phone number, physical address, and email address.

The term “Service” refers to all resource pages available, descriptions, written materials, enrollment forms available on our Site, ordering WORK SYSTEM supplies on our Site, and using the Contact form on our Site.

The term “Data” refers to all descriptions, concepts, information, content, and materials on this Site, including written materials, trademarks, graphics, images, and logos.

Use of the Site, including all materials presented herein and all online services provided by WORKABILITY Inc., is subject to the following Privacy Policy.  This Privacy Policy applies to all Site visitors, customers, and all other users of the Site.  By using the Site or Service, you agree to this Privacy Policy without modification, and acknowledge reading it.

We collect the Personal Information you voluntarily provide to us, which may include:

  • First and last name
  • Phone number
  • Company name
  • Email address
  • Physical address

If you want to update, change, or have us delete any of the information you have sent us, please contact us at info@workability.net or 914-764-0250.

We do not permit use of our website by anyone under the age of eighteen.

We will not sell your information.  We will use the information you give us to process transactions, reserve your place in a workshop, respond to your inquiries, send occasional emails, and improve the services we provide.  We may share your information with third parties who assist us in operating our website and providing our Service.  We may also share your information if it is requested in a subpoena or if we believe it would assist an investigation, or as a preventative measure regarding illegal activities, identity theft, fraud, or threats to any person.

Any third party links on our website have their own policies and we are not responsible for the privacy policies or practices of third parties.

ACTIVITY

We may record information relating to your use of the Site, such as the searches you undertake, the pages you view, your browser type, IP address, requested URL, referring URL, and timestamp information. We use this type of information to administer the Site and provide the highest possible level of service to you. We also use this information in the aggregate to perform statistical analyses of user behavior and characteristics in order to measure interest in and use of the various areas of the Site.

COOKIES

We may send cookies to your computer in order to uniquely identify your browser and improve the quality of our service. The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing the Site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies using your web browser settings. If you choose to disable cookies, some areas of the Site may not work properly or at all. This Site does not respond to Do Not Track signals from your browser.

THIRD PARTY LINKS

The Site may contain links to third party websites. This document only addresses the use and disclosure of information we collect from you on our Site. Other sites accessible through our site via links or otherwise have their own policies in regard to privacy. We are not responsible for the privacy policies or practices of third parties.

SECURITY

We maintain security measures to protect your Personal Information from unauthorized access, misuse, or disclosure.  However, we do not guarantee that the transmission of your data is secure.  We recommend that for your protection you do not send us any personal and sensitive information because we do not guarantee its safety.  By sending us any information you acknowledge that we are not responsible for any misuse, tampering, or interception of that data, and you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner.

CHANGES TO THIS POLICY

You acknowledge and agree that it is your responsibility to review this Site and this Policy periodically and to be aware of any modifications. We will notify you of any changes to this Privacy Policy by posting those changes on this page.

CONTACT

If you have questions about our privacy policy, please email us at info@workability.net.

Updated 6/8/15