CONDITIONS OF USE
Last revised: October 22, 2013
1. WELCOME TO WORKSTREAM ECOMMERCE. This service is provided by Allegra Boulder, an independent business owner and franchisee of Allegra Network LLC. We are able to provide this service subject to the terms and conditions of our franchise agreement and certain software licenses. We provide the WorkStream eCommerce services to you subject to the conditions of use contained in this agreement. By visiting or shopping at the WorkStream eCommerce website, you accept and agree to be legally bound to these terms and conditions. Please read them carefully.
a. Information Collection. We collect information from you at several different points on the WorkStream eCommerce website. For example, you may voluntarily provide us with personally identifiable information (“Personal Information”) when you purchase products or services on the WorkStream eCommerce website, provide feedback on our products or services, or send questions, solicitations, inquiries, critiques or comments to us. Personal Information might include: (a) contact information (e.g., name, address, phone number, date of birth and email address); (b) credit card information (e.g. credit card number, expiration date and security code); and/or (c) information regarding certain of your preferences related to the WorkStream eCommerce website. Personal Information also includes information about an individual’s activities, such as information about his or her activity within the WorkStream eCommerce website, and demographic information, gender, geographic area, and preferences, when any of this information is linked to personal information that identifies that individual. We may also collect and store statistics and other non-personal information about the online activities of our visitors on an aggregate basis ("Non-Personal Information"). Non-Personal Information is information that we collect about a group or category of products, services, or users that is not personally identifiable or from which individual identities are removed. It includes non-personal information such as IP Address, browser type, system type, page hits, number of visits, web pages viewed and the length of visits to the WorkStream eCommerce website. We do not tie Non-Personal Information to your Personal Information.
b. Cookies. We may collect Non-Personal Information passively using technologies such as cookies. A cookie is a piece of data stored on your hard drive containing information about you. Usage of a cookie is in no way linked to any Personal Information while on the WorkStream eCommerce website. Once you leave the WorkStream eCommerce website, the cookie expires and no longer collects any information. If you reject the cookie, you may still use the WorkStream eCommerce website. Cookies also enable us to track and target the interests of our users to enhance the experience on the WorkStream eCommerce website.
c. Log Files. We may use IP addresses to analyze trends, administer the WorkStream eCommerce website, track your movement, and gather broad demographic information for aggregate use. IP addresses are not linked to Personal Information.
d. Use and Sharing Your Information. We and our designees are the sole owners of the information collected on the WorkStream eCommerce website. We are not in the business of sharing, selling, or renting any information gathered from the WorkStream eCommerce website. We will not sell, share or rent the information gathered from the WorkStream eCommerce website to others in ways that are different from what is disclosed in these Conditions of Use. However, we reserve the right to share all information with our franchisor and its affiliates.
The Personal Information that you provide will be available to us and our agents, representatives, licensors and Allegra Network LLC and its affiliates (collectively, the “Seller Parties”), as well as our trusted third-party service providers and contractors (collectively, “Third-Party Providers”). By submitting Personal Information, you grant to the Seller Parties and the Third-Party Providers a license to use such Personal Information for the purposes described in this section. Personal Information shall be used for the purposes indicated at the time you voluntarily provide such Personal Information. In addition, the Seller Parties and Third-Party Providers may also use your Personal Information, alone or in combination with the information submitted by other users, to improve the WorkStream eCommerce website’s navigation or infrastructure, and in internal marketing analyses or reviews.
We also might use Non-Personal Information to improve your experience on the WorkStream eCommerce website and to enhance the WorkStream eCommerce website. By using the WorkStream eCommerce website, you grant the Seller Parties and any Third Party Provider a perpetual, irrevocable, worldwide, royalty-free, sublicensable (through multiple tiers) license to use, reproduce, cache, store, modify, publicly perform, publicly display, distribute and transmit such Non-Personal Information for any purpose, and waive any moral rights and publicity rights in such Non-Personal Information.
e. Controlling or Changing Your Information. You may review, change, or request the deletion of your Personal Information and preferences at any time by contacting us at the email or mailing address provided in Section 21. We will then take all reasonable efforts to correct or remove your Personal Information from our active database.
f. Links to Third Party Websites. The WorkStream eCommerce website may contain links to other websites. Please be aware that we are not responsible for the privacy practices of such other websites. We encourage you to be aware when you leave the WorkStream eCommerce website and to read the privacy statements of each and every website that collects personally identifiable information. This privacy statement applies solely to information collected by us through this WorkStream eCommerce website.
g. Security. We take reasonable precautions to protect your Personal Information from misuse, and unauthorized access, disclosure, alteration, or destruction. When you submit sensitive information via the WorkStream eCommerce website, your information is protected both online and offline. When our registration or order form asks you to enter sensitive information, that information is encrypted and is protected with SSL encryption, which we believe to be the best encryption software in the industry. While we use SSL encryption to protect sensitive information online, we also protect your information offline. Only employees who need the information to perform a specific job are granted access to Personal Information. In addition, the servers that we store Personal Information on are kept in a secure environment.
3. ELECTRONIC COMMUNICATIONS. When you visit the WorkStream eCommerce website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the WorkStream eCommerce website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
4. COPYRIGHT. All content included on the WorkStream eCommerce website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our or our licensors’ property and is protected by United States and international copyright laws. The compilation of all content on the WorkStream eCommerce website is our or our licensors’ exclusive property and protected by United States and international copyright laws. All software used on the WorkStream eCommerce website is our or our licensors’ property and is protected by United States and international copyright laws.
5. TRADEMARKS. WorkStream eCommerce and other marks, graphics, logos, page headers, button icons, scripts, and service names indicated on the WorkStream eCommerce website are the property of Allegra Holdings LLC in the United States and other countries. All other trademarks that appear on the WorkStream eCommerce website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Allegra Holdings LLC, us or our licensors.
Before executing any orders on the WorkStream eCommerce website that include a manufacturer's intellectual property, you certify that you are an active agent of the manufacturer, and as an agent have the legal authorization to market to customers and prospective customers utilizing the manufacturer's intellectual property as described on the WorkStream eCommerce website in our product descriptions and samples.
6. WORKSTREAM ECOMMERCE WEBSITE ACCESS. We (and our licensors) grant you a limited right to access and make personal use of the WorkStream eCommerce website and not to download (other than page caching) or modify it, or any portion of it without our and our licensors’ written consent. This right does not include any resale or commercial use of the WorkStream eCommerce website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the WorkStream eCommerce website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The WorkStream eCommerce website or any portion of the WorkStream eCommerce website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our and our licensors’ written consent. Further, you are prohibited from: (a) interfering with any third party's use and enjoyment of the WorkStream eCommerce website; (b) attempting to gain unauthorized access to information, accounts, computer systems or networks retained on or connected to any server hosting the WorkStream eCommerce website through hacking, password mining or any other means; (c) attempting to interfere with service to any user, host or network, including without limitation, via means of submitting a virus to the WorkStream eCommerce website, or overloading, “flooding,” “mailbombing” or “crashing” the WorkStream eCommerce website; or (d) using any tools, programs, robotic algorithms or products to automatically download or “spider” the WorkStream eCommerce website. Without our and our licensors’ express written consent, you may not frame or utilize framing techniques to enclose any of our or our licensors’ trademarks, logos, or other proprietary information (including images, text, page layout, or form). Without our and our licensors’ express written consent, you may not use any meta tags or any other "hidden text" utilizing our or our licensors’ names or trademarks. Any unauthorized use terminates the permission or right to access and make use of the WorkStream eCommerce website granted by us (and our licensors) to you. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this WorkStream eCommerce website so long as the link does not portray us or our licensors, or our or our licensors’ products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark related to the WorkStream eCommerce website as part of the link without our and our licensors’ express written permission.
7. YOUR ACCOUNT. If you use the WorkStream eCommerce website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You represent and warrant that any information you provide to us by means of the WorkStream eCommerce website, including, without limitation, as part of any registration, application or order form, or to gain access to the WorkStream eCommerce website, is truthful, accurate, not misleading and offered in good faith. We do not sell products for children nor do we knowingly collect any Personal Information from children 17 years of age or younger. Your acceptance of this agreement certifies that you are 18 years of age or older. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
8. REVIEW, COMMENTS, AND OTHER CONTENT. You may upload mail lists, pictures, logos, digital signatures, and other graphic or textual content; send direct mail or email solicitations and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, or any form of "spam." You may not use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. We reserve the right (but not the obligation) to remove or edit such content, but we do not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant us and our licensors a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us and our licensors and any of our and our licensors’ sublicensees the right to use the name that you submit in connection with such content, if we or our licensors choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify us and our licensors, and our and their respective owners, directors, managers, officers, employees, agents, representatives, vendors, successors or assigns (the “Indemnified Parties”) for all claims resulting from content you supply. We have the right but not the obligation to monitor and edit or remove any activity or content. Neither we nor any of the other Indemnified Parties take any responsibility or assume any liability for any content posted by you or any third party.
9. RISK OF LOSS. All items purchased from the WorkStream eCommerce website are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
10. PRODUCT DESCRIPTION. We attempt to be as accurate as possible. However, neither we nor our licensors warrant that product descriptions or other content on the WorkStream eCommerce website are accurate, complete, reliable, current, or error-free. If a service or product offered by the WorkStream eCommerce website is not as described, your sole remedy is to report the condition for correction to us at the contact information provided in Section 21.
11. PRICING. Except where noted otherwise, the list price displayed for products or services on the WorkStream eCommerce website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice. The list price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day.
With respect to items sold on the WorkStream eCommerce website, we confirm the price of items as you complete your order. It is at this time that your credit card is charged. Despite our best efforts, a small number of the items in our catalog may be mispriced. If we discover a mispricing, we will do one of the following: If an item's correct price is lower than our stated price, we will charge the lower amount and ship the item. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
12. RETURNS/REFUNDS. Custom printed products are not returnable. In case of defects or printing errors which are our responsibility we will replace the item or in some limited cases issue a refund. Please carefully proof all items before submitting your order. Make any needed corrections before submitting your order. What you see on screen is what will be on your printed product. If you use a credit card for your purchase and are entitled to a refund, the refund will be issued to the credit card used for the purchase.
13. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY. THE WORKSTREAM ECOMMERCE WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE INDEMNIFIED PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WORKSTREAM ECOMMERCE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WORKSTREAM ECOMMERCE WEBSITE. WE DO NOT WARRANT THAT THE WORKSTREAM ECOMMERCE WEBSITE WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED, DELAY OR ERROR-FREE MANNER (INCLUDING, WITHOUT LIMITATION, ANY ERRORS, DELAY OR INTERRUPTIONS DUE TO PROBLEMS WITH COMMUNICATION LINES OR SYSTEMS, ACTS OF GOD OR FAILURE OF A TELECOMMUNICATIONS SERVICE PROVIDER TO PROVIDE CONNECTIVITY), OR THAT ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THE SERVER THAT MAKES THE WORKSTREAM ECOMMERCE WEBSITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING VIRUSES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WORKSTREAM ECOMMERCE WEBSITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NEITHER WE NOR OUR LICENSORS WARRANT THAT THE WORKSTREAM ECOMMERCE WEBSITE, ITS SERVER, OR ANY EMAILS SENT FROM THE WORKSTREAM ECOMMERCE WEBSITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE INDEMNIFIED PARTIES WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON UNDER ANY CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY, OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THESE CONDITIONS OF USE OR THE USE OF OR ANY ASPECT OF THE WORKSTREAM ECOMMERCE WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES).
TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE INDEMNIFIED PARTIES FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THE WORKSTREAM ECOMMERCE WEBSITE, THE PRODUCTS OR SERVICES PURCHASED THROUGH THE WORKSTREAM ECOMMERCE WEBSITE OR THESE CONDITIONS OF USE SHALL BE LIMITED TO DIRECT DAMAGES ACTUALLY INCURRED UP TO TWO HUNDRED FIFTY DOLLARS ($250). THESE LIMITATIONS OF LIABILITY SHALL APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
14. INDEMNITY. You agree to indemnify and hold harmless the Indemnified Parties, and, at our request, to defend the Indemnified Parties from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to your use of (or inability to use) any aspect of the WorkStream eCommerce website, your breach of these Conditions of Use, or any other activities of yours accomplished using the WorkStream eCommerce website.
16. APPLICABLE LAW. By visiting the WorkStream eCommerce website, you agree that the laws of the State or Canadian Province in which we are located, as set forth in Section 21, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise from your visit to the WorkStream eCommerce website or your purchase of products or services through the WorkStream eCommerce website.
17. DISPUTES. We are responsible for the content of the WorkStream eCommerce website. Any dispute relating in any way to your visit to the WorkStream eCommerce website or to products or services you purchase through the WorkStream eCommerce website shall be asserted only against us and not against Allegra Network LLC or our other licensors and shall be submitted to confidential arbitration within fifty (50) miles of our principal place of business, as identified in Section 21. However, to the extent you have in any manner violated or threatened to violate our or our licensors’ intellectual property rights, we or our licensors may seek injunctive or other appropriate relief in any state or federal court of competent jurisdiction, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Conditions of Use shall be joined to an arbitration involving any other party subject to these Conditions of Use, whether through class arbitration proceedings or otherwise.
18. WORKSTREAM ECOMMERCE WEBSITE POLICIES AND MODIFICATION. We use collected information in accordance with the conditions of use under which the information was collected. However, we reserve the right to change, modify, amend and/or update these Conditions of Use at any time with or without prior notice in our sole and absolute discretion. We will post such changes, modifications, amendments and/or updates on this webpage, and, if the changes are significant, a notice will be posted prominently on the WorkStream eCommerce website, so that you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. Whenever any changes are made to these Conditions of Use, the last revised date will be updated. If at any point we decide to use Personal Information in a manner different from that stated at the time it was collected, we will notify you by way of an email. You will have a choice as to whether or not we use your information in this different manner. Otherwise, we will use information in accordance with the Conditions of Use under which the information was collected. However, your use of the WorkStream eCommerce website following any changes, modifications, amendments and/or updates to these Conditions of Use constitutes your unconditional agreement to follow and be bound by these Conditions of Use as so changed, modified, amended and/or updated. You are responsible for reviewing these Conditions of Use each time you use or access the WorkStream eCommerce website. In the event our franchise agreement is terminated, this WorkStream eCommerce website will be discontinued. We additionally reserve the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the WorkStream eCommerce website, with or without notice to you. This includes the right to modify, discontinue or remove any content, postings, links, pages, services, or other materials at any time and for any reason. You agree that we will not be liable to you for any modification, general suspension or discontinuance of the WorkStream eCommerce website. We may refuse or restrict anyone from access to any or all of the WorkStream eCommerce website at any time.
19. MISCELLANEOUS. Subject to the terms of these Conditions of Use for the WorkStream eCommerce website, these Conditions of Use constitute the entire agreement between you and us with respect to the subject matter addressed herein, and governs your use of the WorkStream eCommerce website, superseding any prior agreements between you and us relating to such subject matter, but these Conditions of Use may be supplemented by any other agreement you enter into with us in connection with the products and services provided on the WorkStream eCommerce website. Neither the course of conduct between the parties nor trade practices shall act to modify these Conditions of Use. We may assign our rights and duties hereunder to any party without any notice to you. You may not assign this Agreement without our prior written consent. Our failure to exercise or enforce any right or provision of these Conditions of Use shall not constitute a waiver of such right or provision. If any provision of these Conditions of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Conditions of Use remain in full force and effect. The section headings used in these Conditions of Use are for convenience only and have no legal or contractual effect. If any condition shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. Sections 4-6, 8, 13, 14, 16, 17 and 19 shall survive the termination of these Conditions of Use.
20. COPYRIGHT NOTICE AND TAKEDOWN POLICY. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to us at the address indicated in Section 21.
WE CAUTION YOU THAT UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO HEAVY CIVIL PENALTIES. THESE INCLUDE MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES INCURRED BY US, BY ANY COPYRIGHT OWNER, OR OUR RELYING UPON YOUR MISREPRESENTATION. YOU MAY ALSO BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY.
To be effective, pursuant to Title 17, United States Code, Section 512(c)(3(A), the notification must include the following:
• an electronic or physical signature of the owner or of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed and a description of the infringing activity, including where the material that you claim is infringing is located on the WorkStream eCommerce website sufficient to allow us to locate the material;
• identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
• your address, telephone number, and e-mail address;
• a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
21. DELIVERY. Orders can be picked up at Allegra Boulder or delivered locally by Allegra within 5 business days of purchase. 'Business days' are defined as Monday-Friday, excluding holidays. All products delivered locally will be delivered by Allegra Boulder. Shipping via UPS is also available. Orders using UPS are handed off to UPS for delivery within 2 business days and will be delivered by UPS.
22. QUESTIONS, COMMENTS OR CONCERNS. If you have any questions, comments or concerns about these Conditions of Use or the security of the WorkStream eCommerce website, you can contact us at:
2595 Canyon Blvd, Suite 150
Boulder, CO 80302