WorkplaceHealing.com
Terms of Service
by Workplace Healing INC.
Last Updated: December 15, 2022
Acceptance of Terms of Service and Privacy Policy
We are excited to welcome you to access and use our website, www.workplacehealing.com (the “Site”). On our Site, you can request a demonstration of our Human Recovery Plan and find educational, helpful and meaningful content directly related to supporting a griever. As an Authorized User (defined below) of our Site, there are some legal issues that you need to agree to in order to use our Site. For example, by using the Site’s services, you accept and agree to be bound by the terms and provisions of these Terms of Service (“TOS”) and the Privacy Policy. These terms apply to, and govern, your use of all webpages and content contained within the Site.
Modifications to Terms of Service and Privacy Policy
You understand that the terms of the TOS and Privacy Policy may change without notice and that you accept any such modifications with your continued use of the Site or Site services. Any such revision or change will be binding upon you after ten (10) days of posting of the updated TOS and/or Privacy Policy on the Site, or e-mail or other written notification to you, whichever comes first.
If you disagree with any modification to the TOS or Privacy Policy, you immediately discontinue using any Site services. Your continued use of the Site following posting of the revised TOS or Privacy Policy means that you accept and agree to the changes.
Adult Usage Only
This Site is intended for those who are of the age of majority and able to legally enter binding contracts without any right of rescission. Accordingly, in using this Site, you represent, warrant, and agree that you are at least eighteen (18) years or older.
Free Use
Users are able to use all unrestricted areas of the Site free of charge. Authorized Users (defined below) are able to use all areas of the Site (restricted and unrestricted) free of charge based on the level of subscriptions purchased by the Authorized User’s employer.
One Account Policy
All users are limited to one account per person.
Secured Areas
Some portions of the Site may be restricted only to registered users and require authorization for access. An Authorized User is someone who has an employer with a valid subscription to Workplace Healing’s services and has registered for an account with the Site. Unauthorized use of or access to these areas is prohibited. Actual or attempted unauthorized use of or access to such areas may result in criminal and/or civil prosecution. Attempts to access such areas without authorization may be viewed, monitored and recorded and any information obtained may be given to law enforcement organizations in connection with any investigation or prosecution of possible criminal activity on this system.
Accuracy of Information Provided by You
You agree that all information you provide Workplace Healing, INC. is true, current, complete and accurate.
Code of Conduct
You agree that your use of Site services is only for lawful purposes and is consistent with the terms, conditions, and policies set forth in the TOS and Privacy Policy. You agree to not use Site services or anything related to the services offered by Workplace Healing, INC. for any unlawful or otherwise prohibited means, including but not limited to employment discrimination, harassment, unlawful images or adult content. Additional prohibited uses include:
- Use the Site in any manner that could damage, disable, overburden, or impair any Site servers, or the network(s) connected to any Site server, or interfere with any other party’s use and enjoyment of the Site;
- Attempt to gain unauthorized access to any Site, other accounts, computer systems or networks connected to any Site server or to any of the website through hacking, password mining or any other means;
- Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Site;
- Use data mining, robots, screen scraping or similar data gathering and extraction tools on this Site;
- Use any metatags or any other “hidden text” utilizing Workplace Healing, INC.’s name, service or trademarks or trade dress without the express written consent of Workplace Healing, INC.;
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information;
- Upload, or otherwise make available files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
- Use any material or information, including images or photographs, which are made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret or other proprietary right of any party;
- Upload files that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
- Harvest or otherwise collect information about others, including but not limited to e-mail addresses;
- Use the Site in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- Direct traffic, post links, advertise, or engage in any similar conduct related to other websites, companies, competitors, or services;
- Use the Site if you are not able to form legally binding contracts;
- Any attempt to copy or mirror the information, data, content, or coding from the Site without first obtaining express written permission from the Site administrator;
- Any attempt to reverse engineer or reconstruct any portion of the Site; and
- You may not share your login information or allow third parties to utilize your login information to the Site.
You agree to fully comply with and adhere to all applicable state and federal laws and regulations. You further agree to cooperate in any governmental investigation regarding your use of Site services. You further agree that you are using the Site for the purposes related to Workplace Healing, INC.
Modifications to the Services
Workplace Healing, INC. strives to provide excellent and valuable services to its users. Accordingly, Workplace Healing, INC. reserves the right to make modifications to the Site services at any time, which may include but not be limited to updates, upgrades, removal of certain content, or other enhancements.
Knowledge of TOS and Privacy Policy
If you are using Site services in conjunction with any third parties, you agree to ensure such third parties are aware of, and agree to, this TOS and Privacy Policy.
Breach of the Terms of Service and/or Privacy Policy
We reserve the right to immediately cancel or terminate your use of Site services if, in our sole discretion, you breach, or we reasonably believe you breached the TOS or any other obligation to Workplace Healing, INC. Without limiting the forgoing, you agree that all of the following may be considered a material breach of your obligations under this TOS and Privacy Policy: (i) your failure to abide by any provision of the TOS or Privacy Policy; (ii) your employer’s failure to pay any amounts due to Workplace Healing, INC. or other breach of agreement with us; (iii) your communication of inaccurate information to us, including your failure to promptly update your information; or (iv) your violation of Workplace Healing, INC.’s Code of Conduct.
If any such events occur, we will take commercially reasonable steps to contact you and describe the breach; however, Workplace Healing, INC. may suspend your account or services immediately until such breach is cured.
Maintenance/Site Down Time
While we take commercially reasonable efforts to maintain the continuity our of Services, you agree that we are not be liable if for any reason all or any part of the Site is unavailable, including if we are performing maintenance. Maintenance is generally scheduled for off-peak hours, such as weekends and evenings. Workplace Healing, INC. will also take reasonable steps to notify registered users of any anticipated prolonged downtimes.
Workplace Healing, INC. is not liable for any unforeseen or unexpected system outage due to unavailability of utilities or supplies, acts of god, natural disaster, pandemics, epidemics, endemics, labor strike or shortage, or any other condition that is reasonably outside of Workplace Healing, INC.’s control. We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice
Intellectual Property Rights
You agree that Workplace Healing, INC. holds all right, title and interest to all services, its websites and information and technology used to provide the Site services. You acknowledge that no title or interest in such intellectual property rights is being, or has been, transferred to you. You further agree to make no claim of interest in any such services.
All content including but not limited to text, graphics, downloads and software included on this Site is the property of Workplace Healing, INC. or its licensors and protected by United States and international copyright laws.
Since there are opportunities for you to share information with Workplace Healing, INC. you agree to provide us with a non-exclusive license to use, reference, post, or otherwise possess and share the information and content that you provide to Workplace Healing, INC. Such information and content will be used by Workplace Healing, INC. consistent with our Privacy Policy.
Disclaimer of Warranties
WORKPLACE HEALING, INC. EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SITE SERVICES AND ANY RELATED SOFTWARE OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE PROVIDED IN WRITING AND SIGNED BY AN AUTHORIZED AGENT OF WORKPLACE HEALING, INC., WORKPLACE HEALING, INC. DOES NOT WARRANT THAT SITE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT SITE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. WORKPLACE HEALING, INC. DOES NOT WARRANT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF SITE SERVICES, THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, OR THE QUALITY OR COMPLETENESS OF ANY SERVICES PROVIDED THROUGH THE SITE OR ITS USERS. EXCEPT AS OTHERWISE EXPLICITLY WRITTEN IN A DOCUMENT SIGNED BY AN AUTHORIZED AGENT OF WORKPLACE HEALING, INC., WORKPLACE HEALING, INC. PROVIDES NO WARRANTY REGARDING THE GOODS OR SERVICES PURCHASED OR OBTAINED FROM THE SITE, OR ANY THIRD PARTY ASSOCIATED OR AFFILIATED WITH WORKPLACE HEALING, INC.
WORKPLACE HEALING, INC. DOES NOT WARRANTY OR GUARANTEE ANY OF ITS USERS COMPLIANCE WITH LAW. WORKPLACE HEALING, INC. IS NOT RESPONSIBLE FOR THIRD PARTIES’ UNLAWFUL ACTIVITIES REGARDLESS OF WHETHER THE SITE’S SERVICES ARE INVOLVED.
Assumption of Risk
The Site is intended for educational purposes only and is not intended to diagnose, treat, or otherwise provide professional medical or counseling services. If you are seeking such professional services, you should promptly consult with your medical professional (e.g. doctor, therapist, psychologist, etc.). When you access the Site, download or upload content on the Site, proceed to other websites linked to the Site, or interact with the Site in any manner, you do so at your own discretion and risk. In other words, you are solely responsible for any damage done to your computer, electronic device, or other property, including but not limited to the loss of money through investments or corruption of data.
Customer Support
Without limiting the forgoing disclaimer of warranties or assumption of risk sections, Workplace Healing, INC. provides email support for Site customers. Support can be reached by sending an email to: wphcommunications@workplacehealing.com. Workplace Healing, INC. attempts to respond to customer inquiries within three (3) business days.
Indemnification
As a user of this Site, you agree to release, indemnify, defend and hold harmless Workplace Healing, INC. and all of its agents, affiliates, subsidiaries, licensors, and assigns from any and all claims, actions, proceedings or demands and all liabilities, claims, damages, losses, costs and expenses, including reasonable attorneys’ fees and expenses, made by any third party or relating to or arising under violations of the TOS or the Privacy Policy, your submissions to the Site, the services provided by Workplace Healing, INC. to you, your use of any services of the Site or provided by Workplace Healing, INC. or your alleged violation of any rights of another. This indemnification provision shall not affect nor impair any person’s right to lawfully pursue claims against other users of this Site for their alleged violations of the law. Further, if Workplace Healing receives a subpoena based on your use of our Service, you hereby agree to and promise to indemnify Workplace Healing for all costs and expenses, including reasonable attorneys’ fees incurred related to responding to the subpoena. This indemnification obligation is in addition to any other rights or remedies Workplace Healing, INC. may have in law or equity.
You agree that Workplace Healing, INC. shall have the right to participate in the defense of any claim asserted against Workplace Healing, INC. You also agree that Workplace Healing, INC. shall be entitled to retain legal counsel of Workplace Healing, INC.’s own choosing at your cost. You further agree to notify Workplace Healing, INC. of your knowledge of any claim against Workplace Healing, INC. You agree to cooperate fully with Workplace Healing, INC. during such proceedings.
Right to Refuse Service
Workplace Healing, INC., in our sole discretion and without any liability to us, reserves the right to refuse service to any person or entity.
Consent and Survival of Agreement
By using the services provided by Workplace Healing, INC. under this TOS and Privacy Policy, you acknowledge that you have read and agree to be bound by all terms and conditions of this TOS and the Privacy Policy. You also agree to be bound by all amended terms and conditions of this TOS and the Privacy Policy. These TOS and Privacy Policy, and your obligations under these agreements, continue to apply to you even if you are no longer using the services.
Reports of Abuse
If you have any reason to believe that content on the Site violates any law, that any user of the Site is using Site services to violate the law, or that any User is violating the TOS or privacy policy, you may inform Workplace Healing, INC. in writing about the facts and circumstances of the alleged abuse/violations by writing to Workplace Healing, INC. using the contact information below/some other form of contact. Workplace Healing, INC. may, but is not obligated, to conduct an investigation into the allegations. Workplace Healing, INC. reserves the right to remove accounts, content, or postings that Workplace Healing, INC., in its sole discretion, believes is offensive, illegal, or otherwise inappropriate.
Retention of Records
You agree to comply with all applicable governmental laws, ordinances, rules, and regulations related to the retention of records. Under no circumstances will Workplace Healing, INC. be liable to you for your failure to retain necessary records, nor will Workplace Healing, INC.’s (non-)retention of records act to alleviate your duty under the law.
Notices and Communication
You authorize Workplace Healing, INC. and its sponsors and affiliates to communicate with you to the full extent allowed by Workplace Healing, INC.’s Privacy Policy. Such communication may include commercial e-mails and other notices describing changes, upgrades, new products and services or other information pertaining to construction and remodeling. If you do not wish to receive bulk email solicitation notices or announcements from Workplace Healing, INC., please send us an email at Workplace Healing, INC. To the extent you do not wish to receive communication from sponsors and affiliates, you should contact them directly.
Notices that you send to us must be delivered via first class mail to the following address:
Workplace Healing, INC.
PO Box 7283
Overland Park, KS 66207
You may also send us notices to: wphcommunications@workplacehealing.com so long as you place “LEGAL NOTICE” in the subject line of the email.
You authorize us to send any notices to you based on the information you provide us. We are not responsible if you fail to keep your contact information up to date.
Choice of Law, Jurisdiction and Venue
All purchases from Workplace Healing, INC. are deemed made within the State of Kansas.
This TOS, the Privacy Policy, and any other agreement you have with Workplace Healing, INC. (except as it may state to the contrary) shall be interpreted and construed in accordance with the laws of the State of Kansas, without giving any effect to any choice of law provisions thereof that would cause the application of the laws of any other jurisdiction, as if the Agreement was a contract wholly entered into and wholly performed within Kansas.
Except for injunctive relief, all disagreements shall be brought via binding arbitration. Any Party seeking to pursue an action to arbitration shall give written notice to the other Party of such election that summarizes in sufficient detail the basis of the dispute at least ten (10) days before bringing an arbitration action. The dispute shall be submitted for arbitration with JAMS in accordance with its Comprehensive Arbitration Rules and Procedures. Such arbitration shall be conducted, unless otherwise agreed by the Parties, by a single arbitrator, who shall be a former judge, in a location that is mutually agreeable to the Parties (or, if no agreement can be reached, Overland Park, KS). The award of the arbitrator may be confirmed or enforced in any court of competent jurisdiction. The prevailing Party in any arbitration shall be entitled to recover all costs incurred by such Party in connection with the proceeding, including reasonable attorneys’ fees. If any part of this Agreement is found to be illegal or unenforceable, then that part will be reduced in scope or modified only to the extent necessary to make it, and the remainder of the Agreement, legal and enforceable.
Exclusive Remedy and Damages Cap
You agree that our entire liability, and your exclusive remedy, in law, in equity, or otherwise, with respect to any claim you assert against Workplace Healing, INC. related to the Site, this TOS, the Privacy Policy, or procurement of other services, is limited solely to the amount you paid for such services or $50, whichever is more. IN NO EVENT SHALL WORKPLACE HEALING, INC. BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, ANY PECUNIARY LOSS RELATED TO THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, LOST EARNINGS, WAGES, BACK WAGES, FUTURE WAGES, OR STATUTORY PENALTIES) ARISING OUT OF OR RELATING TO THE USE OF THIS SITE, INABILITY TO USE THE SITE, OR ANY OTHER HARM YOU CLAIM IN WHICH Workplace Healing, INC. MAY BE RESPONSIBLE. You further waive any and all claims against Workplace Healing, INC., to the maximum extent possible under applicable law, and if such waiver is invalid, then you hereby assign all such claims exclusively and irrevocably to your employer.
Time Limitations For Action
Unless prohibited by law, you agree that any cause of action arising out of or related to the services provided to you by Workplace Healing, INC. must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred and shall be deemed released and waived.
Waiver of Jury Trial and Class Action
EACH OF THE PARTIES HERETO HEREBY WAIVES ANY RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING TO ENFORCE OR DEFEND ANY RIGHTS UNDER THIS TOS, THE PRIVACY POLICY, OR RELATED TO SITE SERVICES. THE PARTIES FURTHER WAIVE ANY RIGHT TO LEAD OR PARTICIPATE IN ANY CLASS OR COLLECTIVE ACTIONS, AND INSTEAD, SHALL SETTLE THEIR DISPUTES INDIVIDUALLY TO THE MAXIMUM EXTENT ALLOWED BY APPLCIABLE LAW.
No Third Party Beneficiaries
Except as otherwise expressly provided herein, nothing in this TOS is intended to confer upon any third party any rights, remedies, obligations, or liabilities.
Restriction of Assignment
Except as indicated herein, you may not assign any of your rights or delegate any of your duties under this TOS without the prior written consent from Workplace Healing, INC. Any attempt by your creditors or another third party to obtain an interest in your rights under this TOS Policy is voidable at Workplace Healing, INC.’s option.
Successors and Assigns
Except as otherwise expressly provided herein, this TOS shall bind and inure to the benefit of the successors, assigns, heirs, executors and administrators of the parties hereto.
Non-Waiver
No waiver of a breach, failure of any condition, or any right or remedy contained in or granted by the provisions of this TOS shall be effective unless it is in writing and signed by the party waiving the breach, failure, right, or remedy. No failure or delay by Workplace Healing, INC. in exercising any right, power or privilege hereunder shall operate as a waiver. Similarly, Workplace Healing, INC.’s election to not assert its rights under this TOS shall not preclude Workplace Healing, INC. from asserting its rights in the future.
Severability of Terms
If any provision of this TOS or Privacy Policy is held illegal, unenforceable, or invalid by any court or an arbitrator of competent jurisdiction, the remaining provisions shall be unaffected. If any provision in this TOS, which is held illegal, unenforceable, or invalid, would be legal, enforceable, or valid if the provision was more narrowly drawn, the offending provision shall be interpreted so as to give maximum effect to the originally drafted provision.
Attorneys’ Fees
If Workplace Healing, INC. prevails in any action, suit, or proceeding arising from or based upon this TOS or any agreement you have with Workplace Healing, INC., Workplace Healing, INC. shall be entitled to recover its reasonable attorneys’ fees in connection therewith in addition to court costs and other fees and disbursement incurred in such action, suit, or proceeding.
Headings
The headings in this TOS are for convenience only. The heading of any section shall not affect the interpretation of any provision of the rights or obligations of the parties.
California Residents Only
In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210. You agree to immediately provide Workplace Healing, INC. with a copy of all such complaints.
Workplace Healing, INC.
PO Box 7283
Overland Park, KS 66207
(913) 481-7193
wphcommunications@workplacehealing.com