Terms and Conditions

Attention: Please carefully read these Terms and Conditions before using our Website. 

1. Introduction

These Terms and Conditions (these “Terms” or these “Terms and Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”), which is accessible at workrate.fit and owned and operated by WorkRate, Inc..These Terms apply in full force and effect to your use of this Website. By using this Website, you expressly accept all terms and conditions contained herein in full. You must not use this Website if you have any objection to any of these Terms and Conditions.

2. Intellectual Property Rights

Other than the content you own, which you may have opted to include on this Website, under these Terms, WorkRate, Inc. and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website. The Website and its original content, features, and functionality are owned by WorkRate, Inc., and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

3. Restrictions

You are expressly and emphatically restricted from all of the following:

  1. publishing any Website material in any media;

  2. selling, sublicensing, and/or otherwise commercializing any Website material;

  3. publicly performing and/or showing any Website material;

  4. using this Website in any way that is, or may be, damaging to this Website;

  5. using this Website in any way that impacts user access to this Website;

  6. using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity;

  7. engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to this Website, or while using this Website;

  8. using this Website to engage in any advertising or marketing;

Certain areas of this Website are restricted from access by you and WorkRate, Inc. may further restrict access by you to any areas of this Website, at any time, at its sole and absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain the confidentiality of such information.

4. Your Content

In these Terms and Conditions, “Your Content” shall mean any audio, video, text, images or other material you choose to display on this Website. With respect to Your Content, by displaying it, you grant WorkRate, Inc. a non-exclusive, worldwide, irrevocable, royalty-free, sublicensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.

Your Content must be your own and must not be infringing on any third party’s rights. WorkRate, Inc. reserves the right to remove any of Your Content from this Website at any time, and for any reason, without notice.

5. No warranties

This Website is provided “as is,” with all faults, and WorkRate, Inc. makes no express or implied representations or warranties, of any kind related to this Website or the materials contained on this Website. Additionally, nothing contained on this Website shall be construed as providing consult or advice to you.

6. Limitation of liability

In no event shall WorkRate, Inc., nor any of its officers, directors, and employees, be liable to you for anything arising out of or in any way connected with your use of this Website, whether such liability is under contract, tort, or otherwise, and WorkRate, Inc., including its officers, directors, and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.

7. Indemnification

You hereby indemnify to the fullest extent WorkRate, Inc. from and against any and all liabilities, costs, demands, causes of action, damages, and expenses (including reasonable attorney’s fees) arising out of or in any way related to your breach of any of the provisions of these Terms.

8. Severability

If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.

9. Variation of Terms

WorkRate, Inc. is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing the use of this Website.

10. Assignment

WorkRate, Inc. shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.

11. Termination 

We may terminate your access to the Website, without cause or notice, which may result in the forfeiture and destruction of any account information provided therein. All provisions of these Terms that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

12. Entire Agreement

These Terms, including any legal notices and disclaimers contained on this Website, constitute the entire agreement between WorkRate, Inc. and you in relation to your use of this Website, and supersede all prior agreements and understandings with respect to the same.

13. Governing Law & Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of New York, and you submit to the non-exclusive jurisdiction of the state and federal courts located in New York for the resolution of any disputes.

14. Contact Us 

If you have any questions regarding these Terms and Conditions, please contact us at the following e-mail address: hello@workrate.fit

Last updated: August 31, 2020