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Terms of Use

WageWatch.com ("WW") maintains this website (our "Site") as a service to our customers and the companies, businesses and organizations they represent (collectively, "you"). By clicking on the "ACCEPT" button, you are agreeing to comply with and be bound by the following terms of use (the "Agreement").

YOUR CLICKING ON THE "ACCEPT" BUTTON AS DESCRIBED ABOVE CONSTITUTES YOUR REPRESENTATION TO WW THAT YOU ARE OVER 18 YEARS OF AGE, THAT YOU MAY LEGALLY ENTER INTO THIS AGREEMENT, AND THAT YOU AGREE WITH THE TERMS OF THE AGREEMENT.

IF YOU OR YOUR PARENT COMPANY, AFFILIATE OR SUBSIDIARY ARE A PARTY TO A SEPARATE AGREEMENT WITH WW, YOU MAY BE SUBJECT TO CONTRARY PROVISIONS THAT OVERRIDE AND SUPERCEDE THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU SHOULD NOT USE THE SITE. WE MAY MODIFY THIS AGREEMENT (INCLUDING WITHOUT LIMITATION THE WW PRIVACY POLICY DESCRIBED HEREIN) FROM TIME TO TIME, AND POST THOSE MODIFICATIONS HERE. YOUR CONTINUED USE OF THE SITE AFTER ANY SUCH MODIFICATION CONSTITUTES YOUR ACCEPTANCE OF THE MODIFIED AGREEMENT. WW MAY TERMINATE THIS AGREEMENT, INCLUDING ALL YOUR RIGHTS HEREUNDER, AT ANY TIME UPON NOTICE, WITH OR WITHOUT CAUSE.

  1. Ownership. WW and its suppliers own all content, materials, forms, agreements, documents and other items on the Site including without limitation all content, material, and other information based upon or that includes or incorporates any Commercial Information that you provide to WW, as described in "Commercial Information", below (collectively, "Materials"). You will retain ownership in the Commercial Information that you provide, but you grant to WW a license to use, execute, display, copy, perform and modify the Commercial Information as described in "Grant of Rights", below. You have no ownership interest in Materials, but WW grants you a limited license to view and use Materials as described in "License", below. Materials are protected under applicable copyright, trademark, trade secret, and other intellectual property laws in the United States and around the world. You have no other right to view, use, copy, perform, display, share with a third party, sell or distribute to any third party, or modify Materials that you view on or obtain from the Site except as described in "License", below. WW may modify, add to, or delete any Materials at any time, without notice to, or permission from, you or any third party.

  2. Fees and Payments. As a condition of this Agreement and the license granted herein, you shall pay to WW a subscription fee (the "Fee") no later than ten (10) days from the date on which you click on the "ACCEPT" button as provided above. This Agreement shall not be binding upon WW until such payment is received by WW. Such Fee may be increased or decreased at any time, with or without notice to you; provided, however, that any such increase or decrease shall be effective only at the end of then then-current one (1) year term as described in ("License")

  3. Commercial Information. As a condition of this Agreement and the license granted herein, you shall provide certain accurate and complete information regarding classes and job descriptions of employees in your organization, their compensation and benefits, and other related information (collectively, "Commercial Information"). WW shall specify the kinds of Commercial Information you shall supply, provided that you will not be required to submit the Commercial Information more than once annually. You will provide the Commercial Information based upon WW's express agreement that your identity as the provider of the specific Commercial Information related to your company shall remain confidential and shall not be disclosed to any party other than WW at any time, provided that if WW is compelled to disclose Commercial Information or your identity as the provider of the specific Commercial Information related to your company in a judicial or administrative proceeding or by any governmental authority and there is no order or agreement that protects the confidentiality of the Commercial Information to be disclosed or your identity as the provider of the specific Commercial Information related to your company, WW may make such disclosure without liability under this Agreement only if (1) WW gives you written notice of the Commercial Information to be disclosed as far in advance of its disclosure as is practicable, and (2) WW uses commercially reasonable efforts to obtain reasonable assurances that confidential treatment will be accorded to such Commercial Information or your identity as the provider of the specific Commercial Information related to your company.

  4. License. Subject to your performance of your obligations under this Agreement, WW hereby grants you a limited, revocable, non-exclusive, non-transferable license (without the right to grant sublicenses) to access, view, and use, solely for your own internal business purposes, the Site and the Materials for the current year's and prior years' compensation and benefits information related to the industry or industries for which you have subscribed and for which you have provided Commercial Information as required by "Commercial Information," above. The license granted under this Agreement shall continue for a period of one (1) year from the date of your payment pursuant to "Fees and Payments," above. You may not republish, "mirror", "frame", transfer, sublicense, sell, distribute, or otherwise make available to third parties directly or indirectly the Site or the Materials except with the prior, written consent of WW. You may not (a) incorporate the Materials into any database, (b) transfer the Materials to any other person, or (c) permit any other person to incorporate the Materials into any database, in each case for the purpose of revising, manipulating, repackaging, reformatting, reselling, or otherwise distributing the information included in the Materials to any third party. You and WW expressly agree and understand that you will only be permitted to access, and you are only licensed to access, information from the industry or industries for which you have subscribed and for which you have provided Commercial Information. You and WW also expressly agree and understand that, although WW may disclose the identity of other businesses that provide commercial information about their respective businesses to the Site, WW shall not disclose to you the identity of any other business as the provider of any specific commercial information related to such other business.

  5. Registration and Personal Information. You may have the opportunity to provide certain personal or commercial information at the Site through your use of or registration at the Site. The collection or use of such information by WW shall be governed by the WW Privacy Policy, as modified from time to time by WW; the terms of such Privacy Policy are hereby incorporated into this Agreement by reference. You understand and agree that the collection or use of your personal or commercial information by third parties shall be governed by any agreement or privacy policy in effect between you and such third parties, if any, and WW shall have no liability whatsoever for any such collection or use. WW agrees, however, that it will not disclose to any third party any information or other data that would enable such third party to determine your identity as the provider of specific personal or commercial information that you provide to the Site.

  6. Disclaimer. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT, THE SITE AND THE MATERIALS ARE PROVIDED ON AN AS IS BASIS, WITHOUT ANY WARRANTY WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WW HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR ARISING FROM COURSE OF DEALING, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE SITE AND THE MATERIALS MAY BE INCORRECT, OUT OF DATE, INAPPROPRIATE FOR ANY PARTICULAR TRANSACTION, AND MAY CONTAIN "BUGS", ERRORS, DEFECTS, AND MAY NOT OPERATE ERROR-FREE OR NOT PRODUCE RESULTS AS EXPECTED

  7. Damages. IN NO EVENT SHALL WW, ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES OR OFFICERS HAVE ANY LIABILITY HEREUNDER TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT AS A RESULT OF WW'S GROSS NEGLIGENCE, INTENTIONAL MISCONDUCT, OR IN RELATION TO CLAIMS INVOLVING WW'S OBLIGATION TO REFRAIN FROM DISCLOSING YOUR IDENTITY AS THE PROVIDER OF SPECIFIC COMMERICAL INFORMATION RELATED TO YOUR COMPANY THAT YOU PROVIDE TO THE SITE, IN NO EVENT SHALL THE AGGREGATE LIABILITY OF WW, ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, SHAREHOLDERS, EMPLOYEES AND OFFICERS EXCEED ONE HUNDRED DOLLARS ($100), REGARDLESS OF THE CAUSE OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. THE FOREGOING LIMITATIONS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WW AND YOU. THIS SITE AND THE MATERIALS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

  8. Grant of Rights. You acknowledge and agree that (a) you have the right and authority to disclose to WW all of the Commercial Information that you will provide to WW, and (b) by providing the Commercial Information to WW, you will not breach or violate any agreement with any third party, including agreements regarding non-disclosure of confidential information. Subject only to (1) the WW Privacy Policy as described in "Registration and Personal Information," above, (2) WW's agreement not to disclose to any third party your identity as the provider of specific Commercial Information related to your company that you provide to the Site, and (3) any contrary provisions in other agreements you, or your parent, affiliate or subsidiary, may have with WW, you agree that WW may use or disclose such information without notice to you or permission from you or any other third party. You hereby grant to WW a worldwide, royalty-free, irrevocable, perpetual, non-exclusive, transferable license (with a right to grant sublicenses through multiple tiers of sublicensees) to use, execute, display, copy, perform and modify such information, except as otherwise limited in this Agreement, as WW sees fit with and for any lawful purpose whatsoever, except to compete against you.

  9. General. Unless you or your parent company, affiliate or subsidiary are a party to a separate agreement with WW and the provisions of such agreement modify, override, or supercede this Agreement, this Agreement supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the terms of use for the Site, the information provided by or through the Site, and the subject matter of this Agreement. You agree to review this Agreement prior to reviewing any information or obtaining any documents from the Site. Any action related to this Agreement shall be governed by the substantive laws of the State of Arizona, without regard to conflicts of laws principles. The State and Federal courts located in Maricopa County, Arizona, shall have sole jurisdiction over any dispute arising hereunder, and the parties hereby consent to the personal jurisdiction of such courts and to extra-territorial service of process. The United National Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. Neither this Agreement, nor any rights hereunder, may be assigned by operation of law or otherwise, in whole in part, by you without the prior, written consent of WW. Any purported assignment without such permission shall be void. WW may assign this Agreement, in whole or in part, without notice to you. Any waiver of any rights of either party must be in writing, signed by the waiving party, and any such waiver shall not operate as a waiver of any future breach of this Agreement. In the event any portion of this Agreement is found to be illegal or unenforceable, such portion shall be severed, and the remaining terms shall be separately enforced. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. This Agreement may be modified or amended by you only in a writing, signed by both parties. Any purported modification or amendment inconsistent with the foregoing shall be void. Subject to any contrary provisions in other agreements you may have with WW, in the event of any conflict between this Agreement and the Privacy Policy or any other terms on the Site, this Agreement shall control.

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