This online survey instrument (“Software”) is provided by Workforce Transformation LLC, a Florida limited liability company (“WFT”), located at 15 Point Pleasant Road, Hopatcong, New Jersey 07843.  By using the Software, you are agreeing to these Terms of Use.  Through the Software, WFT provides you with a web-based contingent workforce management survey.  As long as you comply with these Terms of Use, WFT grants you a personal, non-exclusive, non-transferable, limited privilege to use the Software.  You can stop using WFT’s Software at any time.  The Software is provided via SurveyMonkey, and by using the Software you also agree to be bound by the terms of use provided by SurveyMonkey or any subsequent host of the Software.  SurveyMonkey’s term of use are available on its website. 

1. USE OF THE WFT SOFTWARE

Your use of the Software is limited to providing responses when prompted to do so by the Software.  You may use the Software only as permitted by these Terms of Use and applicable law and regulations.  WFT may suspend or stop providing the Software to you if you do not comply with these Terms of Use or applicable laws or regulations, or if WFT has reasonable suspicion of such misuse.  You may not, without WFT’s prior written consent: (a) copy, imitate, reproduce, republish, transmit, modify, download, transfer or distribute the Software or the content therein in any way, in whole or in part; (b) alter, remove, or obscure any copyright, trademark, confidentiality, ownership or other notices or markings from the Software or its content; (c) transfer your access to the Software; (d) create derivative works of any part of the Software or its content; or (e) grant any rights in the Software in any form.

2. PERSONAL INFORMATION

When you use the Software, you will be required to provide certain personal information.  WFT’s Privacy Policy explains how WFT treats your personal information that you provide.  WFT’s Privacy Policy is incorporated into these Terms of Use by this reference.  By using the Software, you agree that WFT can use such information in accordance with WFT’s Privacy Policy.  You are solely responsible for the accuracy of the information that you provide when using the Software.  If you would like to correct any of the information you provide, please contact us at JTopor@wftransform.com.  You agree that any information provided by you will be accurate, complete and up-to-date and will not:  (a) be fraudulent or in any way misleading; (b) infringe any third party's copyright or other intellectual property rights or rights of publicity or privacy; (c) violate any law, statute, ordinance or regulation; or (d) be defamatory, abusive, threatening or harassing, offensive, obscene or sexually explicit. 

3. INTELLECTUAL PROPERTY

The Software and all information in text or otherwise, images, icons, designs, and other elements available on or through the Software are the property of WFT and are protected by United States and international intellectual property laws.  Using the Software does not give you ownership of any intellectual property rights in the Software or its content.  WFT responds to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act.  If you think any portion of the Software violates your intellectual property rights, please contact us at JTopor@wftransform.com.

4. DISCLAIMERS

OTHER THAN AS EXPRESSLY SET OUT IN THESE TERMS OF USE OR ADDITIONAL WRITTEN TERMS PROVIDED BY WFT, THE SOFTWARE IS PROVIDED “AS IS” AND “AS IS AVAILABLE” AND WFT DISCLAIMS ALL WARRANTIES APPLICABLE TO THE SOFTWARE, INCLUDING WARRANTIES REGARDING THE SOFTWARE’S AVAILABILITY, RELIABILITY, ACCURACY, SECURITY, OR ABILITY TO MEET YOUR EXPECTATIONS, AND IMPLIED WARRANTIES SUCH AS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  WFT DISCLAIMS ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SOFTWARE.  YOUR SOLE REMEDY AGAINST WFT FOR DISSATISFACTION WITH THE SOFTWARE OR ITS CONTENT IS TO STOP USING THE SOFTWARE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN YOU AND WFT.

WFT reserves the right to, without notice, modify, suspend, interrupt or terminate operation of or access to the Software, for any reason, or modify the Software, and any applicable policies or terms related to the Software. 

5. LIMITATION OF LIABILITY; INDEMNIFICATION

Except where prohibited by applicable law, in no event will WFT be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if WFT had been advised of the possibility of such damages.  WFT’s aggregate liability to you arising out of these Terms of Use or your use of the Software shall be limited to the greater of $100 or the amount you have actually paid to WFT in the past 12 months.

You agree to indemnify, defend, and hold harmless WFT, its owners, affiliates, officers, directors, agents, and employees from any third-party claims, demands, losses, liability or expenses (including attorneys’ fees), resulting from or arising out of your use of the Software, any information submitted by you, or your violation of any terms and conditions of these Terms of Use.

6. MISCELLANEOUS

These Terms of Use shall be governed in all respects by the laws of the State of New Jersey without regard to conflict of law principles.  You submit to the exclusive jurisdiction of the courts of Sussex County, New Jersey for any dispute arising out of or relating to these Terms of Use.  Any term or provision of these Terms of Use that is invalid or unenforceable shall not affect the validity or enforceability of its remaining terms or provisions.  No waiver or failure to enforce these Terms of Use will be deemed a waiver of any subsequent default under the same or any other term or provision.  These Terms of Use constitute the entire agreement and understanding between you and WFT with regard to your use of the Software.  WFT may from time to time change its Software and amend these Terms of Use.  A notice will be posted in connection with the Software along with the updated Terms of Use when WFT changes the Terms of Use in a material way.  Your use of the Software following any change or amendment constitutes your consent to the change or amendment, as applicable.