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Platform Terms of Use - Workforce QA

Platform Terms of Use

Please read these Platform Terms of Use carefully.  They are incorporated by reference into and supplement a Service Agreement which you have signed.  By accessing, using, ordering, and receiving services from WorkforceQA, you are accepting and agreeing to be legally bound by the additional and supplemental terms and conditions stated hereinbelow.

  1. Incorporation of Terms.  To order and receive services from WorkforceQA, LLC (“WFQA”), all customers (hereafter, the “Client”) must sign a Service Agreement.  These Platform Terms of Use are hereby incorporated into and supplement the Service Agreement executed by Client and together with the Service Agreement shall govern the purchase, receipt, and use of all Services.  By purchasing, receiving, and using Services, you are agreeing to be bound by these Platform Terms of Use and your continued use or access to WFQA’s Platforms indicates your continued acceptance of the same.  Where there is a conflict or inconsistency between the Service Agreement and these Platform Terms of Use, the Service Agreement shall prevail and govern the rights, duties, and obligations of the parties.
  2. Definitions.
    1. Access Credentials: Shall mean any user name, identification number, password, license or security key, security token, PIN, or other security code, method, technology, or device, used alone or in combination, to verify an individual’s identity and authorization to access and use the Platform.
    1. Authorized Users: Shall mean Client’s employees, consultants, contractors, applicants, employees, agents, and consumers (a) who are authorized by Client to access and use the Platform under the rights granted to Client pursuant to the Service Agreement; and (b) for whom access to the Platform has been purchased hereunder.
    1. Disabling Device: Shall mean any software, hardware, or other technology, device, or means (including any back door, time bomb, time out, drop dead device, software routine, or other disabling device) used by WFQA or its designee to disable Client’s or any Authorized User’s access to or use of the Platform automatically with the passage of time or under the positive control of WFQA or its designee.
    1. Harmful Code: Shall mean any software, hardware, or other technology, device, or means, including any virus, worm, malware, or other malicious computer code, the purpose or effect of which is to (a) permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in any manner any (i) computer, software, firmware, hardware, system, or network; or (ii) any application or function of any of the foregoing or the security, integrity, confidentiality, or use of any data processed thereby; or (b) prevent any Authorized User from accessing or using the Platform as intended by the Service Agreement.  Harmful Code does not include any WFQA Disabling Device.
    1. Platform: Shall refer to WFQA’s various software applications and other software (including application logic (in source or object code form), databases, and user interfaces), integrations, and embedded business processes, which are used to provide the Services under any of the Incorporated Terms, whether said software is owned by WFQA or licensed to WFQA by third party licensors or developers.  The Platform includes any modifications, error corrections, updates, enhancements, and upgrades to the Platform; any HTML code and/or Java applet(s) generated by or included in the Platform; the WFQA website through which the Platform is accessed; content included on the WFQA’s website and any information generated by or collected through use of the Platform; and any associated media, training materials, printed materials, and online or electronic documentation.  The Platform provides both Client user and Client consumer interfaces to facilitate the data collection and consumer interaction steps for the background screening process.  The term may be used in the singular or plural, however, any particular use shall be construed to denote all Platforms used by WFQA to provide Services.
    1. Any capitalized terms not expressly defined herein shall have the meaning given to them in the Service Agreement or applicable Incorporated Terms.
  3. Platform Services.
    1. Limited License. Subject to the terms of the Service Agreement, including Client’s payment of all applicable fees, during the term of the Service Agreement, WFQA grants to Client a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use the Platforms solely in connection with ordering and using the Services.  All access to and use of the Platforms and Services will be solely by Client for Client’s own internal business purposes and at all times in accordance with the Service Agreement, and any applicable separate agreement or documentation accompanying the Services or provided by WFQA.
    1. Termination of License.  If the Client or its employees or agents use a Platform in a way that is not authorized, or if Client violates any of the terms, conditions, or restrictions stated in these Incorporated Terms or the Service Agreement, WFQA may terminate, limit, deny or disable the Client’s access to the Platform without the necessity of providing advance notice.
    1. Third-Party Services. The Platform may provide Client with access to services developed, provided, or maintained by third-party service providers (“Third-Party Services”). In addition to the terms of the Service Agreement, access to and use of any Third-Party Services is also subject to any other agreement regarding those Third-Party Services (each, a “Third-Party Service Agreement”). The terms of any Third-Party Service Agreement (which may include payment of additional fees) will apply to the applicable Third-Party Services provided under that Third-Party Service Agreement in addition to the Service Agreement but will not apply to any other Services Client may access through the Platform or obtain from WFQA. Except as set forth in the Service Agreement, the terms of any Third-Party Service Agreement will control in the event of a conflict between the terms of the Service Agreement and that Third-Party Service Agreement.
  4. Accounts.  All access to any user account (“Account”) on a Platform is subject to the terms of the Service Agreement and the Incorporated Terms.  Approval of Client’s request to establish and maintain any Account will be at the sole discretion of WFQA.  All access to each Account must be solely on behalf of Client by an Authorized User assigned to that Account and is subject at all times to the terms of the Service Agreement.  WFQA will assign a unique user ID to each Authorized User and each Authorized User is responsible for establishing and maintaining a password for each Account (the “Account ID”).  All Account IDs are personal in nature. Each Account ID may be used only by the Authorized User assigned to that Account. Client may not share any Account ID or provide any third party with access to any Account.  Client will ensure the security and confidentiality of all Account IDs and will notify WFQA immediately if any Account ID is lost, stolen, or otherwise compromised.  Access to an Account is contingent upon the Authorized User (i) agreeing to any terms of use upon logging into the system and (ii) certifying a legally acceptable permissible purpose when placing an order for Services.
    1. Administrative Accounts. Access to the Platform and all Services ordered through the Platform may require that Client establish one or more administrator accounts on the Platform through which Client may administer access to the Platform (the “Admin Account”).  Client may assign each Admin Account only to a single designated employee or agent of Client.  Any non-employee agent will be required to execute a separate agreement whereby the Client formally designates the agent as its agent and the agent affirms and certifies its compliance with applicable obligations under federal and state consumer reporting and other laws and regulations.
    1. Responsibility. Client is solely responsible for all use of each Account and all access to the Platform and Services through any Account. Client remains solely responsible for the acts or omissions of its employees, agents, contractors, applicants, and consumers accessing any Account as if those acts or omissions were those of Client and for compliance with the terms of the Service Agreement by each employee, agent, contractor, applicant, and consumer accessing any Account. Client is solely responsible for all liabilities and damages incurred through the use of each Account or under any Account IDs (whether lawful or unlawful).
    1. Account Information. Client is solely responsible for all information provided in connection with establishing each Account (“Account Information”). Client covenants and agrees that: (a) all Account Information will be accurate, complete, and current; and (b) Client will maintain and promptly update all Account Information as necessary to keep it accurate, complete, and current.
  5. Platform Technology.
    1. Conduct Prohibited. The technical platform, databases, software, hardware, and other technology used by or on behalf of WFQA and the structure, organization, and underlying data, information and software code thereof (collectively, the “Technology”), constitute valuable trade secrets of WFQA. Client will not, and will not permit any third party to: (a) access or attempt to access the Technology except as expressly provided in the Service Agreement; (b) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Technology; (c) use automated scripts to collect information from or otherwise interact with the Technology; (d) alter, modify, reproduce, or create derivative works of the Technology; (e) distribute, sell, resell, lend, loan, lease, license, sublicense or transfer any of Client’s rights to access or use the Technology or otherwise make the Technology available to any third party; (f) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (g) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (h) monitor the availability, performance or functionality of the Technology; or (i) interfere with the operation or hosting of the Technology.  In addition to all other obligations, Client agrees to abide by such additional conditions that may be imposed to utilize the Platform, including maintaining strict security procedures and controls to assure that its employees, agents, contractors, applicants, and consumers are not able to use the Platform to obtain information and data for improper, illegal or unauthorized purposes.  Breaches of this subsection and/or violations of applicable law discovered by WFQA may result in immediate suspension and/or termination of the account, legal action and/or referral to federal or state regulatory agencies.
    1. Intellectual Property. WFQA retains all right, title and interest, including all intellectual property rights in and to the Technology and any additions, improvements, updates and modifications thereto. Client receives no ownership interest in or to the Technology and Client is not granted any right or license to access or use the Technology itself, excepting Client’s ability to access the Platform and use the Services under the Service Agreement. The WFQA name, logo and all product and service names associated with the Platform and Services are trademarks of WFQA and its licensors and providers and Client is granted no right or license to use them.
    1. Platform Use & Security.  Client shall employ all physical, administrative, and technical controls, screening, and security procedures and other safeguards necessary to administer the distribution and use of all Access Credentials securely and to protect against any unauthorized access to or use of the Platform.  Client shall not, and shall not permit any other person to: (a) access or use the Platform except as expressly permitted by the Service Agreement; (b) bypass or breach any security device or protection used by the Platform or access or use the Platform other than by an Authorized User through the use of his or her own then valid Access Credentials; (c) input, upload, transmit, or otherwise provide to or through the Platform, any information or materials that are unlawful or injurious, or contain, transmit, or activate any Harmful Code; (d) damage, destroy, disrupt, disable, impair, interfere with, or otherwise impede or harm in any manner the Platform, in whole or in part; (e) remove, delete, alter, or obscure any trademarks, specifications, documentation, end user license agreements, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Platform; (f) access or use the Platform in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party, including by any unauthorized access to, misappropriation, use, alteration, destruction, or disclosure of the data of any other customer of WFQA, or that violates any applicable law; or (g) otherwise access or use the Platform beyond the scope of the authorization granted under the Service Agreement.
    1. Suspension of Access to Platform.  WFQA may, directly or indirectly, and by use of a Disabling Device or any other lawful means, suspend, terminate, or otherwise deny Client’s, any Authorized User’s, or any other person’s access to or use of all or any part of the Platform, without incurring any resulting obligation or liability, if: (a) WFQA receives a judicial or other governmental demand or order, subpoena, or law enforcement request that expressly or by reasonable implication requires WFQA to do so; or (b) WFQA believes, in its good faith and reasonable discretion, that: (i) Client or any Authorized User has failed to comply with any material term of the Service Agreement or any of the Incorporated Terms, or accessed or used the Platform beyond the scope of the rights granted or for a purpose not authorized under the Service Agreement; (ii) Client or any Authorized User is, has been, or is likely to be involved in any fraudulent, misleading, or unlawful activities relating to or in connection with the Platform or Services; or (iii) the Service Agreement expires or is terminated. This section does not limit any of WFQA’s other rights or remedies, whether at law, in equity, or under the Service Agreement
  6. Disclaimer of Warranties, Liability Limitations & Hold Harmless
    1. This Platform is provided “As Is,” without warranty of any kind.  To the maximum extent permitted by applicable law, WFQA disclaims all warranties and conditions of quality, either expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, with regard to the Platform and access to the Platform.  WFQA does not warrant that the operation of or access to the Platform will be uninterrupted or error-free.
    1. To the maximum extent permitted by applicable law, in no event will WFQA or its officers, employees, or agents be liable for any special, incidental, indirect, or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or harm or injury to person or property) arising out of the use of or inability to use the Platform, even if WFQA has been advised of the possibility of such damages.
    1. Client agrees to waive, release, and hold WFQA and its officers, employees, and agents harmless of and from any and all claims, demands, liabilities, or suits for loss, harm, or damages arising out of or related to Client’s use of the Platform to order and receive Services.

Last updated: xx/xx/xxxx