ONLINE
COMMUNITY RULES, AGREEMENTS, AND POLICIES
FOR
WorldatWork Engage
Community
Welcome
to the WaW Engage Community! The Community is made up of WaW members and serves
as a go-to destination for WaW know-how,
peer-to-peer support and thought leadership on best practices. We also ideate
with customers directly on how to improve and extend WaW products. We’d love to
see users learn from each other and build their influence and profile on the Engage
Community.
These
Engage Community Terms of Use (“Community TOU”) are the terms that apply to
your use of the Engage Community. We
hope that these will help ensure the community is valuable to you and serves as
a platform where we can all become better together. The Community TOU also protects the interests
of all of our members, as well as WorldatWork’s (“WaW”) goodwill and
reputation. These terms are so important that we cannot permit you to use the Engage
Community unless you agree to them. By using the Engage Community, you are
agreeing to these terms.
Every
community user of ours agrees to abide by these Community TOU and is
responsible for any violations. You are not allowed to assist or engage others
in a way that would violate these Community TOU’s. We will enforce and ensure
compliance with this Community TOU by using methods we consider to be
appropriate.
We
reserve the right to modify these Community TOU’s at any time without giving
you prior notice. You can find the most recent version here. Your use of the
community following any such modification constitutes your agreement to follow
and be bound by these Community TOU’s as modified. You agree to review the
Community TOU’s on a regular basis and always remain in compliance.
1. Definitions
a. “Agreement” or “Community TOU”
means these Engage Community Terms of Use and all materials
referred or linked to in here.
b. “Community Content” means all
content, including without limitation, language, data, information,
and images, provided through or disclosed by use of the Engage Community, whether by WaW, our customers, or
other users of the Engage Community.
Community Content does not include Your
Content.
c. “Community Guidelines”
(including the ON-LINE
COMMUNITY RULES, AGREEMENT, AND
POLICIES) means the policies applicable to users of the Engage Community
which we
have published at: https://worldatwork.connectedcommunity.org
or another website
we designate. These include the
applicable privacy guidelines and policies
d. “WaW Engage Community”
means the online community accessible at: https://worldatwork.connectedcommunity.org
e. "Sensitive Information"
means any information subject to regulations, laws or industry
standards designed to protect data privacy and security, such as the Health Insurance
Portability and Accountability Act and the Payment Card Industry Data Security Standards.
f. "Third-Party Products"
means products and professional services that are provided by third
parties which may interoperate with or be used in connection with the WaW products.
g. "Third-Party Sites"
means third-party websites linked from within or accessed through the
Engage Community.
h. "WaW",
"we", "us" or “our” means WorldatWork, Inc. and our
affiliates.
i. "You" or "your"
means the person or entity using the Engage Community.
j. "Your Content” means all
content, including without limitation, language, data, information,
and images, provided through or disclosed by use of the Community, by you.
k. "Interactive Services"
means. Discussion groups, chat rooms, bulletin boards and other
interactive functionality.
2. Access to the Engage Community
We
will provide you access to use the Engage Community
according to the terms of this Agreement.
We may use third-party service providers to provide some or all elements
of the Engage Community. In order to access and use the Engage
Community, you may be required to establish a username with a third-party
service provider, and you grant us the right to share the information necessary
to enable your use of the Engage
Community with our third-party service providers. You may be required to provide us with certain information
in order to obtain access to and use of certain features and functions of the
Services including, without limitation,
your name or your company's name, login
credentials. You represent, warrant and
covenant to us that any and all information and any other information or data you
provide to us, is and will be true, accurate and complete when given to us,
that in providing such information to us you will not knowingly omit or
misrepresent any material facts or information. You further consent and
authorize us to verify your Information as required for your use and access to
the Services, as applicable.
Certain
features and functions of the Services are not generally available to the public. In order to access and use such
features and functions, we may require you to enter your email and password.
Third parties may also, from time to time, provide you with additional codes or
passwords necessary to perform certain transactions or otherwise access the
Services. Your email, password, and any additional codes or passwords are collectively
referred to herein as "IDs". Your IDs are personal to you. You agree
that you will not allow another person to use your IDs to access and use the
Services under any circumstances.
You
are solely responsible for maintaining the strict confidentiality of your IDs
and for any charges, damages, liabilities or losses incurred or suffered as a
result of your failure to do so. We are not liable for any harm caused by or
related to the theft of your IDs, your disclosure of your IDs, or your
authorization to allow another person to access and use the Services using your
IDs. You agree to immediately notify us if you become aware of any unauthorized
use of your IDs or other need to deactivate an ID due to security
You
may not use or allow others to use, your IDs and/or the Services, directly or
indirectly, nor upload, distribute, transmit, communicate, link to, publish or
access any data, information or material through, using or otherwise in
connection with the Services, that: (a) is libelous, defamatory, vulgar or
obscene, pornographic, sexually offensive or explicit, harmful or harassing,
threatening, hateful, racially, culturally, ethnically or otherwise
objectionable or offensive, discriminatory or abusive; (b) violates any law or
regulation or the rights of others; (c) causes duress, distress or discomfort
to another or is likely to deter or discourage others from using the Services;
and/or (d) infringes any intellectual property, privacy or proprietary rights
or confidentiality obligations of others. You are solely responsible and liable
for any such activity, behavior, use and conduct. We have no liability and you
bear the sole and exclusive risk associated with use of or reliance on the
accuracy, quality, completeness, reliability or usefulness of any data,
information or material in connection with your IDs.
You
also may not use, nor allow others to use, your IDs, the Services, directly or
indirectly, to: (a) attempt to or actually disrupt, impair or interfere with,
alter or modify the Services or any information, data or materials posted
and/or displayed by us or anyone else; (b) act in a way that affects or
reflects negatively on us, the Services, or anyone else; (c) collect or attempt
to collect any information from others including, without limitation,
personally identifiable
information, without such party's prior
consent. You agree to comply with all local, state, federal laws,
statutes, rules and regulations, as well as any international treaties, which
are applicable to your use of the Services.
You
are prohibited from violating or attempting to violate the security of the
Services, including, without limitation: (a) accessing data not intended for
you or logging onto a processor, communications or access device or account
which you are not authorized to access; (b) attempting to probe, scan or test
the vulnerability of the Services or to breach security or authentication
measures, regardless of your motives or intent; (c) attempting to interfere
with or disrupt the Services or services to any user, processor, host or
network, including, without limitation, by submitting a virus, worm or Trojan
horse; or (d) sending unsolicited e-mail or other information, including
promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We
have the right to investigate occurrences which may involve
such violations and may involve, provide information to and cooperate with, law
enforcement authorities in prosecuting users who are involved in such
violations.
If
you believe your access to or use of the Engage Community has been breached,
compromised, or unauthorized, notify us immediately at: CommunityManager@worldatwork.org.
3. Your Conduct
and Content
a. Usage Guidelines. You must review and follow the Community
Guidelines. We may change the Community Guidelines
from time to time by updating the applicable website. Your use of the Engage
Community is subject to the Community Guidelines, which are incorporated into
this Agreement by reference.
b. Acceptable Use. You will use the Engage Community for its intended purpose only and
will not use it for solicitation or
advertising purposes unless we otherwise agree. Your Content should
typically relate to inbound best practices, the WaW products or their use.
As
a part of and in connection with your use of the Services, you may have access
to and use of "Interactive Services". If you participate
in or use any Interactive Services, you are responsible for any Content you upload, post, link to or otherwise
transmit (collectively "transmit") and the consequences thereof. YOU CAN BE HELD
LEGALLY LIABLE FOR WHAT YOU TRANSMIT. If you choose to transmit any Content using such Interactive Services,
you agree to do so solely for lawful purposes,
in compliance with all applicable laws, and in a professional manner. You
expressly agree that we have no
responsibility for or control over the Content you may transmit using these Interactive Services. You agree not to use
the Interactive Services to post jobs, market products, solicit resumes, collect email addresses, or conduct surveys except
where such activity may be expressly
called out by SHRM as the purpose of the Interactive Services (such as SHRM's
HR Jobs) or where such activity is
expressly permitted under a separate agreement with SHRM. We make no representation that your use of
the Interactive Services will comply with applicable laws or that they were designed to comply with the
applicable laws. Additionally, we do not represent, warrant or guarantee the truthfulness, accuracy, quality, or
reliability of any of the Content posted,
displayed, linked to or otherwise transmitted via any Interactive Services. We
also do not endorse any opinions
expressed in or through any Interactive Services. You agree that you must evaluate, and bear all risks associated
with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such
Content.
The
Engage Community is meant for public
discussion, so you may not disclose or solicit anyone's private information or disclose confidential information. You are responsible for the use by third parties of any personal information
disclosed by you to the Engage Community,
whether or not you permitted such use.
This means that no private or personal information should be exchanged within the Engage Community. Upon our consent, certain users may be
permitted to include a link as part of
their signature information, which another user may click to leave the Engage Community
and obtain or share additional information.
If you share your information by following one of these links, then you grant us the right to further share
your information with trusted partners
so that they may contact you about inbound marketing or sales service
offerings.
You
are not permitted to sell, rent, lease, assign, sublicense, distribute,
transmit, broadcast, commercially
exploit, grant a security interest in, or otherwise transfer any right in the Engage Community or Community
Content. In addition, and without
limiting the other requirements in this
Community TOU’s, you may not (directly or indirectly) use the Engage Community
with content, or in a manner that:
- is in violation of this Agreement;
- is confidential, proprietary or discloses
Sensitive Information
- discloses or solicits the private information of
any person
- is threatening, abusive, harassing, stalking, or
defamatory;
- is deceptive, false, misleading or fraudulent;
- is invasive of another's privacy or otherwise
violates another’s legal rights (such as rights of privacy and publicity);
- contains vulgar, obscene, indecent or unlawful
material;
- infringes a third party's intellectual property
right(s);
- publishes, posts, uploads, or otherwise
distributes any software, music, videos, or other material protected by
intellectual property laws (or by rights of privacy or publicity) unless you
have all necessary rights and consents to do so;
- uploads files that contain viruses, corrupted
files, or any other similar software or programs that may damage the operation
of another person's computer;
- downloads any file that you know, or reasonably
should know, cannot be legally distributed in that way;
- falsifies or deletes any author attributions,
legal or proprietary designations, labels of the origin or source of software,
or other material contained in a file that is uploaded;
- restricts or inhibits any other user of the Engage
Community from using and enjoying our website and/or the Engage product;
- harvests or otherwise collect information about
others, including e-mail addresses, without their consent;
- damages, disables, overburdens, or impairs any Engage
website or interferes with any other party's use and enjoyment of the Engage
Community;
- mirrors or frames the Engage Community website,
or any part of it, on any other website or webpage;
- attempts to gain unauthorized access to the Engage
Community, or access the Engage Community by any means other than through the
interface that we provide to you;
- violates the usage standards or rules of an
entity affected by your use, including without limitation, any ISP, ESP, or
news or user group (and including, by way of example, and not limitation,
circumventing or exceeding equipment use rights and restrictions and/or
location and path identification detail);
- is legally actionable between private parties;
and/or
- is in violation of any applicable law or
regulation.
WaW
has no liability or responsibility to you or any other person or entity for the performance or nonperformance of such monitoring activities. Persons found in
violation of this Section may have their access to such Interactive Services blocked, and, in certain cases, SHRM membership discipline procedures may be initiated. You
hereby grant to us a non-exclusive, worldwide, royalty-free, perpetual license,
with the right to sublicense, to reproduce, distribute, transmit,
create derivative works of, publicly display and publicly perform any Content you submit via the
Interactive Services by all means and in any media now known or hereafter
developed for any use or purpose. In addition, by using the Services, you agree to release Society For Human Resource Management and its advertisers from any
liability arising from Content transmitted by anyone on the Interactive
Services, and you agree to release, hold harmless, indemnify and defend the
Society for Human Resource Management and its advertisers from any and all
legal or civil actions and penalties and costs, including without limitation attorneys'
fees, arising from any Content you transmit.
c. Suspension and Notice of Violations.
We may immediately suspend use of the Engage Community, without notice, for
actual or suspected violations of the terms contained in this Section 3 (Your
Conduct and Content). If you know of
usage that is in violation of this Agreement, please let us know by contacting
us at: CommunityManager@worldatwork.org,
and following the process for claims of
copyright infringement described below.
d. Claims of Copyright Infringement. We respect the intellectual property rights
of others, and we ask our users to do the same. We may, in its sole discretion,
suspend the access or terminate the accounts of users who violate others'
intellectual property rights. If you believe
that your work has been copied in a way that constitutes infringement on our
website, please follow the steps and provide the information as detailed in the
Engage Community Website Terms of Use are available at https://worldatwork.connectedcommunity.org.
e. Our Use of Your Content. You grant to us all rights, licenses and
permissions necessary to display, reproduce, disseminate, and otherwise use
Your Content in connection with the Engage
Community. We may edit or remove
Your Content, or block or disable replies on a topic, at any time in our sole
discretion. You also grant us the rights to re-use Your Content to market and
promote WaW, such as on our website, in public or private presentations, press
releases and interviews, or in connection with our sales and marketing and
other publicity efforts. We will endeavor to work with you before re-using Your
Content.
4. Engage Community and WaW’s Proprietary Rights
You
are not granted a license to any software by this Agreement. The WaW products
are protected by intellectual property laws, they belong to and are the
property of us or our licensors (if any), and we retain all ownership rights to
them. Our trademarks may not be used without our prior written permission.
We
encourage all parties to comment on the WaW, provide suggestions for improving
them, and vote on suggestions they like. You agree that all such comments and
suggestions will be non-confidential and that we own all rights to use and
incorporate them into the [ ]
products, without payment or attribution to you.
5. Privacy
Your
use of the Engage Community is subject to the WaW Privacy Policy, available at:
https://worldatwork.connectedcommunity.org
6. Term and Termination
a.
Term. This Agreement will
apply for as long as you use or maintain a username for the Engage Community.
b.
Termination and Suspension.
We may terminate this Agreement and/or suspend your access to the Engage Community immediately if you: (i) violate any
of the terms of this Agreement, (ii)
use the Engage Community in a way which has or may negatively reflect on or
affect us, our prospects, or
our customers, or (iii) if we determine it to be necessary or desirable in our
sole discretion. We are not obligated to provide you with any
of Your Content used in connection with the
Engage Community after termination. Termination or expiration of this Agreement
shall not cause your subscription
agreement to be terminated if you have one.
7. Your Representations and Warranties
You
represent and warrant that: (i) your participation in the Engage Community will
not conflict with any of your existing agreements or arrangements, (ii) you
have sufficient rights to share all Your Content with us for our use and with
other users of the Engage Community, and that you are not violating any
confidentiality obligations by submitting Your Content to the Engage Community,
and (iii) that Your Content does not violate or constitute the infringement of
any intellectual property right, right of privacy, right of publicity or other proprietary rights.
8. Indemnification
You
will indemnify, defend and hold us harmless, at your expense, against any
third-party claim, suit, action, or proceeding (each, an "Action")
brought against us (and our officers, directors, employees, agents, service
providers, licensors, and affiliates) by a third party to the extent that such
Action is based upon or arises out of (a) your use of the Engage Community, (b) your disclosure or
solicitation of personal information, (c) any use of personal information that
you disclosed, whether this use is by you or a third party, (d) your
non-compliance with or breach of this Agreement, or (e) your use of Third-Party
Products or Third-Party Sites. We will: notify you in writing within thirty
(30) days of our becoming aware of any such claim; give you sole control of the
defense or settlement of such a claim; and provide you (at your expense) with
any and all information and assistance reasonably requested by you to handle
the defense or settlement of the claim. You shall not accept any settlement
that (i) imposes an obligation on us; (ii) requires us to make an admission; or
(iii) imposes liability not covered by these indemnifications or places
restrictions on us without our prior written consent.
9. Disclaimers; Limitations of Liability
a. Disclaimer of Warranties. WE AND OUR
AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR
WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS,
SECURITY OR ACCURACY OF ANY WaW PRODUCTS
OR SERVICES, THE ENGAGE COMMUNITY, OR THE COMMUNITY
CONTENT FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. TO
THE EXTENT PERMITTED BY LAW, THE ENGAGE COMMUNITY IS PROVIDED "AS
IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO
THE ENGAGE COMMUNITY AND THE
COMMUNITY CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, TITLE AND NON- INFRINGEMENT. THE
ENGAGE COMMUNITY AND COMMUNITY CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
b. No Indirect Damages. TO THE EXTENT PERMITTED
BY LAW, IN NO EVENT SHALL WaW BE LIABLE FOR
ANY INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS OR BUSINESS OPPORTUNITIES.
c.
Limitation of Liability. IF,
NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD
PARTY, THE PARTIES AGREE THAT OUR
AGGREGATE LIABILITY WILL BE LIMITED TO FIVE HUNDRED DOLLARS.
d. Third Party Products and Sites. WE DISCLAIM ALL LIABILITY WITH RESPECT TO
THIRD-PARTY PRODUCTS AND
THIRD-PARTY SITES THAT YOU USE. OUR LICENSORS SHALL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT.
YOU UNDERSTAND AND AGREE THAT
ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE
ENGAGE COMMUNITY TO YOU.
10. General
a. Amendment; No Waiver. We may update
and change any part or all of this Agreement. If we update or change this Agreement, the updated Agreement will
be posted at https://worldatwork.connectedcommunity.org. The updated Agreement will become effective and binding on the next business day after it is posted. When we change this Agreement, the "Last Modified" date above will be updated to reflect the date of the most recent version. We encourage you to review this
Agreement periodically. If you do not agree with a modification to this Agreement, you should not use
the Engage Community.
b. Applicable Law. This Agreement shall
be governed by the laws of the State of Arizona without regard to the conflict of law’s provisions thereof. In the
event either of us initiates an action in connection with this Agreement or any
other dispute between the parties, the exclusive venue and
jurisdiction of such action shall be in the state and federal courts in Maricopa County, Arizona.
c. Force Majeure. Neither party will be
responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act
of God; electrical, internet, or telecommunication outage that is not caused by the obligated party;
government restrictions; or other events outside the reasonable control of the obligated party. Each party will use
reasonable efforts to mitigate the
effect of a force majeure event.
d. Relationship of the Parties. Both you
and we agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a
result of this Agreement.
e. Compliance with Applicable Laws. You
shall comply with all applicable foreign and domestic laws (including without limitation, export laws),
governmental regulations, ordinances, and judicial
administrative orders. Export laws and regulations of the United States and any
other relevant local export
laws and regulations may apply to the Community Content and the WaW products and services. You will comply
with the sanctions programs administered by the Office of Foreign Assets Control (OFAC) of
the US Department of the Treasury. You will not directly or indirectly export, re-export, or transfer the
Community Content or the WaW products and services
to prohibited countries or individuals or permit use of the Community Content
or the WaW products
and services by prohibited countries or individuals. In addition, the parties hereby agree to opt-out from and expressly exclude any applicability of the Uniform Computer
Information Transactions Act ("UCITA"). This Agreement may not be
modified by anyone except in writing
signed by an authorized officer of WaW. No failure or delay in enforcing any provision, exercising any option or
requiring performance, shall be construed to be a waiver of that or any other right in connection
with this Agreement. You may not assign your rights under this Agreement without our prior written
permission and any attempt by you to do so shall be void. If any term of this Agreement is held invalid, illegal or
unenforceable, the remaining portions shall
not be affected. Any provision of this Agreement which by its nature must
survive the termination of this
Agreement in order to give effect to its meaning shall survive such
termination.
f. Correction of Errors and Inaccuracies.
The Community Content may contain typographical errors or other errors or inaccuracies and may not be
complete or current. We therefore reserve the
right to correct any errors, inaccuracies or omissions and to change or update the
Community Content and Your Content
at any time without prior notice. However, we do not guarantee that any errors, inaccuracies or omissions
will be corrected.
g. Severability. If any part of this
Agreement is determined to be invalid or unenforceable by applicable law, then the invalid or
unenforceable provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of this Agreement will
continue in effect.
h. Entire Agreement. This Agreement is
the entire agreement between us for the Engage Community
and supersedes all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject
any additional or different terms proposed by you, including those contained in your purchase order, acceptance or
website. It is the express wish of both
you and us that this Agreement and all related documents be drawn up in
English. We might make
versions of this Agreement available in languages other than English. If we do,
the English version of this
Agreement will govern our relationship and the translated version is provided
for convenience only and will not be
interpreted to modify the English version of this Agreement.
i. No Third Party Beneficiaries. Nothing in this
Agreement, express or implied, is intended to or shall confer upon any person or entity (other than the parties
hereto) any right, benefit or remedy of
any nature whatsoever under or by reason of this Agreement.
j. Community Guidelines. We may change
the Community Guidelines from time to time by updating
our website.
k. No Licenses. We grant to you only the
rights and licenses expressly stated in this Agreement, and you receive no other rights or licenses with respect to
us, the WaW products and services, our
trademarks, or any other property or right of ours.
l. Authority. Each party represents and
warrants to the other that it has full power and authority to enter into this Agreement and that it
is binding upon such party and enforceable in accordance with its terms.
