AGREEMENT BETWEEN USER AND WORKIVA
MODIFICATION OF THESE TERMS
LINKS TO THIRD PARTY SITES
The Support Center Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Workiva, and Workiva is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Workiva is not responsible for webcasting or any other form of transmission received from any Linked Site. Workiva is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Workiva of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Support Center Website, you warrant to Workiva that you will not use the Support Center Website for any purpose that is unlawful or prohibited by these Terms, or in any manner, which could damage, disable, overburden, or impair the Support Center Website or interfere with any other party's use and enjoyment of the Support Center Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Support Center Website, including, but not limited to, data mining, robots, or similar data gathering and extraction tools.
Workiva and Workiva customers need to be mindful of constraints of anti-trust or competition laws when engaging with each other at Workiva–hosted activities. Workiva Chapter Meetings, Chapter events, workshops, group gatherings, webcasts, seminars/sessions, electronic Support Center platforms, social networking groups, and any other group gathering (facilitated by technology or in person) are conducted for educational purposes, to provide a forum for the open discussion and free exchange of ideas even amongst companies that may otherwise compete in the marketplace. At any gatherings, members are reminded that it is their responsibility to avoid (and where they see others acting in such a manner, to discourage) any agreement or inappropriate conversations that could have anti-competitive effects or could constitute a restraint on trade. In discussing the pros and cons on a topic of discussion, members may express an opinion, but must avoid collective agreements on how any particular issue/matter should be handled.
PASSWORDS AND ACCOUNT SECURITY
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to Workiva for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Workiva immediately at email@example.com. You agree to not share access to the Support Center Website.
USE OF COMMUNICATION SERVICES
The Support Center Website may contain bulletin board services, chat areas, news groups, forums, commentary services, communities, personal web pages, calendars, membership directory, and/or other message or communication facilities (collectively, “Communication Services”) designed to enable you to communicate with an individual, the public at large or with a group. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. To use the Communication Services you represent and warrant that you are at least of 18 years of age.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Advertise or offer to sell or buy any goods or services for any business purpose;
- Use Communication Services for political campaigning, recruiting votes, or soliciting support for legislative or other initiatives;
- Conduct or forward contests, pyramid schemes or chain letters;
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- Harvest or otherwise collect information about others, including email addresses, without their consent;
- Interfere with or disrupt the integrity or performance of the Communication Services, any portion or contents thereof, or related systems or networks;
- Use the Communication Services in any way which degrades their reliability, speed or operation, or their underlying hardware or software;
- Restrict or inhibit any other user from using and enjoying the Communication Services;
Workiva has no obligation to monitor the Communication Services. Workiva cannot verify the accuracy of statements that users make or place on or through the Communication Services, and does not guarantee that any user materials have been submitted with the permission of the copyright or proprietary owner or are otherwise in compliance with these Terms. All comments, concerns and notices of violations of these Terms can be made to .
However, Workiva reserves the right to:
- Review materials posted to a Communication Service and to remove or edit any materials in its sole discretion, including those in violation of these Terms.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Support Center Website.
- Change, terminate or suspend the Communication Services, any features of the Communication Services, and any content or materials contained in the Communication Services, in any way, at any time and for any reason or no reason. Workiva also has the right to require you to cease accessing any features, content or materials of the Communication Services.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. Workiva does not control or endorse the content, messages or information found in any Communication Service and, therefore, Workiva specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Workiva Members are not authorized Workiva spokespersons, and their views do not necessarily reflect those of Workiva. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO WORKIVA OR POSTED TO ANY SUPPORT CENTER WEBSITE
Workiva does not claim ownership of the materials you provide to Workiva (including feedback and suggestions) or post, upload, input or submit to any Support Center Website (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Workiva and necessary sub-licensees a worldwide and royalty-free intellectual property license to use your Submission in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; none of which will reveal your name in connection with your Submission unless you, the individual user, agree to permit such in a separate agreement with Workiva. No compensation will be paid with respect to the use of your Submission, as provided herein. Workiva is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Workiva’s sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. When you share Your Content with other people, you understand that they may be able to, on a worldwide basis, use, save, record, reproduce, broadcast, transmit, share and display (and on HealthVault delete) Your Content without compensating you. If you do not want others to have that ability, do not use the Services to share Your Content.
COPYRIGHT & TRADEMARKS
All contents of the Support Center Website are the copyrighted works of Workiva and/or its suppliers. All Workiva trademarks are strictly owned by Workiva, and nothing in these terms can be construed to transfer ownership rights or grant any permission, license or other rights to any Workiva trademark without written authorization from Workiva. The names of actual companies and products mentioned within the Support Center Website may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICES
Workiva respects the intellectual property of others, and, particularly as to user generated content in comments, discussion boards or in other user contributed content, as applicable, we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to firstname.lastname@example.org: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (b) description of the copyrighted work or other intellectual property that you claim has been infringed; (c) a description of where the material that you claim is infringing is located on the site; (d) your address, telephone number and email address; (e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Workiva reserves the right, in its sole discretion, to edit, refuse to post, or remove any information or materials, in whole or in part, or to terminate your access to the Support Center Website and the related services or any portion thereof at any time, without notice.
WORKIVA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SUPPORT CENTER WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WORKIVA, ITS DIRECTORS, EMPLOYEES, CONTENT PROVIDERS, AFFILIATES, SUPPLIERS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SUPPORT CENTER WEBSITE, WITH THE DELAY OR INABILITY TO USE THE SUPPORT CENTER WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SUPPORT CENTER WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SUPPORT CENTER WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WORKIVA (OR ANY OF ITS SUPPLIERS) HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SUPPORT CENTER WEBSITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SUPPORT CENTER WEBSITE.
Some US states and foreign countries do not permit the exclusion or limitation of implied warranties or liability for certain categories of damages. Therefore, some or all of the limitations above may not apply to you to the extent they are prohibited or superseded by state or national provisions.
Except as prohibited by law, you will hold Workiva and its officers, directors, employees and agents harmless for any indirect, punitive, special, incidental or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence or other tortious action, or arising out of or in connection with these Terms, including without limitation any claim for personal injury or property damage, arising from (i) your use of and access to the Services; (ii) your violation of any of these Terms; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Services.
Workiva makes no claims regarding access or use of the Website or Workiva content outside of the United States. If you use or access the Website or Workiva content outside of the United States, you are responsible for compliance with the laws and regulations of your jurisdiction as well as these Terms.
PRIVACY AND PERSONAL INFORMATION
When these Terms come to an end, all of the legal rights, obligations and liabilities that you and Workiva have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this agreement shall continue to apply to such rights, obligations and liabilities indefinitely.
GENERAL LEGAL TERMS
As part of Workiva’s continuing innovation, you acknowledge and agree that Workiva may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at Workiva’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform Workiva when you stop using the Services. You acknowledge and agree that if Workiva disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
You agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose, most especially including not sharing the data supplied by other Workiva members to law firms or other vendors who are not Workiva members. You agree that you are solely responsible for (and that Workiva has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Workiva may suffer) of any such breach.
You agree that if Workiva does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Workiva has the benefit of under any applicable law), this will not be taken to be a formal waiver of Workiva’s rights and that those rights or remedies will still be available to Workiva.
The Terms, and your relationship with Workiva under the Terms, shall be governed by the laws of Delaware, USA, without regard to conflict of laws provisions. You and Workiva agree any and all actions, suits, or judicial proceedings upon any claim arising from or relating to the Terms or Support Center Website shall be instituted and maintained in the State of Iowa. If it is judicially determined that either party may file an action, suit, or judicial proceeding in federal court, such action, suit, or judicial proceeding shall be in the Federal District Court for the Southern District of Iowa. Notwithstanding this, you agree that Workiva shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms, which will remain in full force and effect.