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Training Terms and Conditions - Workforce QA
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Visify Terms & Conditions

Please read these Visify Terms & Conditions 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 Visify Terms & Conditions 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 Visify Terms & Conditions and your continued use or access to WFQA’s Platforms and ordering of Services indicates your continued acceptance of the same.  Where there is a conflict or inconsistency between the Service Agreement and these Visify Terms & Conditions, the Service Agreement shall prevail and govern the rights, duties, and obligations of the parties
  2. Definitions.
    1. Content: Shall refer to the online substance abuse training courses and education programs offered by WFQA, including all the information, communications, scripting, photographs, text, video, graphics, music, sounds, images, trademarks, logos, products and program names, as well as all accompanying Documentation.
    1. Documentation: Shall refer to all documentation, user manual(s), handbooks, and other materials, whether printed or in electronic or digital format, supplied or made available to Client by WFQA for use with or in support of the Program and the Content, including without limitation any and all revisions, modifications, and updates thereto as may be supplied or made available by WFQA to Client during the term of the Service Agreement and all copies thereof made by or on behalf of the Client.
    1. Visify Services: Shall refer to the Visify Platform together with its Content.
    1. Visify Platform: Shall refer to the web-based computer software application training program that provides tools for employers to train supervisors how to identify drug abuse and use reasonable suspicion protocols, and related subject matter, together with any associated database structures and queries, interfaces, tools, and the like.
    1. All other capitalized defined terms shall have the definitions assigned to them in the Service Agreement or the other Incorporated Terms.
  3. License.  WFQA grants to Client a limited, revocable, non-transferable, non-exclusive, non-sublicensable license to access and use the Visify Platform to consume Content in accordance with terms and upon the conditions set forth herein.
  4. Compensation.  In consideration of the grant of one or more licenses to access and use the Visify Services, Client agrees to pay WFQA in accordance with the Prices and Fees set forth in the Price Schedule and the Service Agreement.
  5. Visify Platform Technology.  The Visify Platform is part of the suite of Platforms owned or licensed by WFQA, and the license granted to Client hereunder is therefore governed by, subject to, and conditioned upon Client’s agreement to the terms and conditions set forth in the Platform Terms of Use, found at www.wfqa.com/[●]/Platform-Terms-of-Use (hereafter, “Platform Terms”), which are adopted and incorporated by this reference as if fully set forth herein.
  6. Intellectual Property.
    1. As to the Visify Platform.  The Visify Platform is part of the suite of Platforms owned or licensed by WFQA; as such the intellectual property rights and remedies are governed by the Platform Terms.
    1. As to the Content.  The Content, and the selection, coordination, and arrangement thereof, is the property of WFQA or its licensors and content providers.  Client acknowledges and agrees that the Content is licensed, not sold, to Client by WFQA and Client does not have under or in connection with the Services Agreement and Incorporated Terms any ownership interest in the Content, or in any related intellectual property rights.  WFQA is the sole and exclusive owner of all right, title, and interest in and to the Content, including all intellectual property rights relating thereto, subject only to the rights of third party licensors and the limited license granted to Client under these Incorporated Terms.
      1. The Content is protected in the United States of America and internationally under trademark, copyright, and other intellectual property laws, and it is intended for the lawful use by Authorized Users of the Visify Platform.  Content may not be reproduced or copied in any way without WFQA’s prior written permission.  Unauthorized copying, selling, distributing or other use of the Content is a violation of the law.  Other than as provided in these Visify Terms and Conditions, Client agrees not to download, display, or use any Content for use in any publications, in public performances, on websites, on applications, or for any commercial purpose, in connection with products or services that are not those of WFQA or in any manner that is likely to cause confusion among consumers, that disparages or discredits WFQA or its licensors, that dilutes the strength of WFQA or its licensors’ intellectual property, or otherwise infringes upon WFQA’s or its licensors’ intellectual property rights.  Client further agrees not to misuse Content.
      1. Client hereby unconditionally and irrevocably assigns to WFQA any right, title, or interest in and to any intellectual property rights that Client may now have or hereafter acquire in or relating to the Content, including any rights in derivative works or patent improvements relating thereto, whether held or acquired by operation of law, contract, assignment, or otherwise.
      1. Client shall take all commercially reasonable measures to safeguard the Content (including all copies thereof) from infringement, misappropriation, theft, misuse, or unauthorized access.  Client shall promptly notify WFQA in writing  if Client becomes aware of: (i) any actual or suspected infringement, misappropriation, or other violation of WFQA’s intellectual property rights in or relating to the Content; or (ii) any claim that the Content, including its production, use, marketing, license, or other disposition of the Content, in whole or in part, infringes, misappropriates, or otherwise violates the intellectual property rights or other rights of any third party.
      1. Any suggestions, recommendations, discoveries, improvements, or other ideas offered by Client to WFQA and which are incorporated into the Content (hereafter, “Improvements”) shall become the exclusive property of WFQA, and WFQA shall solely own all right, title, and interest in and to all such Improvements regardless of inventorship, authorship, or other origination and it may use, sell, license, and publish without any obligation for attribution, payment of royalties, or liability to Client.
  7. Limited Warranties. 
    1. As to the Visify Platform.  The disclaimer of warranties, liability limitations, and hold harmless terms set forth in the Platform Terms are applicable to the Visify Platform.
    1. As to the Content.  WFQA warrants that it has prepared or caused to be prepared the Content in a professional and workmanlike manner, having made reasonable efforts to provide accurate and relevant material relating to the subject matter of the Content.  WFQA makes no warranty that use of the Content will satisfy the Client’s obligations under federal or state laws or regulations or that the information, facts, views, opinions, statements, or recommendations expressed or contained in the Content are complete, accurate, timely, or adequate.  Client is a sophisticated user and shall satisfy itself that the Content meets its needs.  Reference to any product, process, publication, or service of any third party by trade name, domain name, trademark, service mark, logo, manufacturer, or otherwise does not constitute or imply an endorsement or recommendation by WFQA with respect to the matter referenced.  This Limited Warranty is in lieu of all other warranties, expressed or implied, in fact or in law, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose.

Last Updated: xx/xx/xxxx.