Terms of Service

These Terms of Service (the “Agreement”) is a contract in electronic format between
you as an end-user and WorkTrek, governing the use of WorkTrek – Computerized
Maintenance Management and Asset Management Software (the “Service”). By
accessing and using our Service, you are agreeing that you will be bound by and
comply with the terms and conditions of this Agreement. The terms “WorkTrek”, “we”,
“us” or “our” refers collectively to the licensor WorkTrek and our website
worktrek.com (the “Site”). The term “you” or “your” refers to you as the user and
licensee of our Service under this Agreement. WorkTrek and Customer are
sometimes referred to herein separately as a “Party” and together as the “Parties”.
This Agreement is applicable as of the date you access and use our Service. We
make the Service available through our Site as provided in this Agreement. We
provide our Service to you under and subject to the most recent version of this
Agreement. We may update this Agreement at any time, without prior notice to you,
by posting a new version at http://www.worktrek.com/terms-of-service/. The latest
Agreement will be posted on the Site for your review before using the Service.
You are expected to have read this Agreement with due care. If you do not agree
with all the terms and conditions of this Agreement, you must cease using the
Service; your continued use of the Service will signify your acceptance of this
Agreement.

 

1. DESCRIPTION OF SERVICE

The Service is designed to provide you with the capability to manage your assets,
maintenance and field workers. The Service is based on our Asset, Maintenance and
Field Work Management software that is hosted by us or on our behalf and
accessible by you remotely through our Site.
As part of the Service, WorkTrek will provide and operate the servers, system
software, and applications software, including our Asset, Maintenance and Field
Work Management software functionality available to you in connection with the
Service as provided in this Agreement.

 

2. GRANT OF LICENSE AND USE OF SERVICE

The Service becomes available to Customer through subscription to the Service and
after the payment of the applicable fee valid at the time of the subscription. The
subscription fee (the “Service Fee”) is displayed before the subscription to the
Service.
Subject to the terms and conditions of this Agreement, WorkTrek grants to you a
limited, non-transferable, non-exclusive, non-sublicensable, revocable right and
license to access and use our Service to support your business operations for the
term of this Agreement unless sooner terminated; provided, however, that you may
not use the Service in a resale capacity, or process third-party data in a commercial
service bureau environment, and WorkTrek retains all right, title and interest in and to
all Asset, Maintenance and Field Work Management Software applications and any
materials supplied to you by us.

WorkTrek has the right to close or suspend Customer’s account, if we reasonably
believe that Customer has breached this Agreement, applicable law or regulations, or
otherwise acted in a way that harms WorkTrek, its agents or the Service.
Customer can sign up for a free trial with the Service. Under the free trial, Customer
can create an account and test the available WorkTrek features. Customer can at
any time purchase the Service by notifying WorkTrek and paying the Service Fee.

 

3. YOUR REGISTRATION OBLIGATIONS

You represent that you are of legal age to form a binding contract and are not a
person barred from receiving services. You also agree to: (a) provide true, accurate,
current, and complete information about yourself as prompted by the WorkTrek
Service’s registration form (the “Registration Data”) and (b) maintain and promptly
update the Registration Data to keep it true, accurate, current, and complete. If you
provide any information that is untrue, inaccurate, not current, or incomplete, or
WorkTrek has reasonable grounds to suspect that such information is untrue,
inaccurate, not current, or incomplete, WorkTrek has the right to suspend or
terminate your account and refuse any and all current or future use of the Service (or
any portion thereof). You have the responsibility to safeguard your own login
credentials, and are responsible for all activity occurring under your account.

 

4. PAYMENT

The Service Fee depends on the number of Users (such as Administrators,
Technicians, Manager, or other users) for which you use WorkTrek Product and
Services. The price list is updated at: http://www.worktrek.com/pricing/. Payments
are due in advance. The price list and billing methods may vary over time. Customers
can cancel their Account at any time. When Customers unsubscribe they are not
charged after the date of cancellation but are responsible for all charges incurred up
until the date of cancellation. If you cancel your WorkTrek Service, WorkTrek is not
obligated to refund Service charges already paid. Cancellation will take effect at the
end of the last Service Term for which charges are already paid.

 

5. PERSONAL DATA

Any personal data relating to an identified or identifiable natural person (“Personal
Data”) WorkTrek receives from Customer (including without limitation the data
Customer submits to the Service) will be used to provide the Services and for
identification, account administration, analysis and fraud/loss prevention purposes
but only in relation to the Service we provide to Customer. Both WorkTrek and
Customer will comply with all applicable laws relating to privacy and the processing of
Personal Data (the “Data Protection Laws”). WorkTrek’s privacy policy is
incorporated in its entirety as a binding part of this Agreement.
All organizations based in the EU or otherwise processing personal data of
individuals within the EU are required to comply with the General Data Protection
Regulation (GDPR). As a company with Customers in the EU, WorkTrek extends
these standards to cover all Customers, including those located outside of the

EU/EEA area. Therefore, in regard to personal data processing, the following
provisions shall apply;
Customer as data controller: The Customer is regarded as a data controller in
regard to any Personal Data collected by the Customer (“Customer’s Personal
Data”). The Parties acknowledge and agree that: (i) WorkTrek may have access to
Customer’s Personal Data and will: (a) process the Customer’s Personal Data only
for the purpose of providing the Service and possible other services to Customer, and
to the extent and for the duration necessary for providing the Service; (b) process it
only in accordance with the Terms and Customer’s lawful instructions; and (c) take
appropriate technical and organizational measures to prevent unauthorized or
unlawful processing, accidental loss, destruction or damage to Customer’s Personal
Data; (d) ensure that WorkTrek’s personnel authorized to process the Customer’s
Personal Data have committed themselves to confidentiality; (e) reasonably and
when possible, taking into account the nature and scope of processing, assist
Customer in fulfilling Customer’s obligation to respond to requests relating to data
subjects’ statutory rights; (f) reasonably and when possible, taking into account the
nature and scope of processing, assist Customer in ensuring compliance with
Customer’s obligations to perform security and data protection assessments, security
incident notifications and/or prior consultations of the competent supervisory
authority; (g) shall, within a reasonable time after the termination of the Customer
subscription, delete all Customer’s Personal Data from its systems; (ii) For
Customers based in the EU or European Economic Area Customer’s Personal Data
shall be processed within the EU/EEA area as well as outside of the European
Economic Area. In cases where Customer’s Personal Data is processed outside the
EU/EEA, WorkTrek shall ensure secure international transfers either via the use of
standard model clauses or other appropriate safeguards; and (iii) Customer is the
data controller and retains full responsibility for the Customer’s Personal Data
processed on its behalf by WorkTrek acting as data processor. Customer shall
ensure that Customer is entitled to transfer the relevant Customer’s Personal Data to
WorkTrek so that WorkTrek may lawfully use, process and transfer the Customer’s
Personal Data in accordance with this Agreement on behalf of Customer. Customer
shall ensure that the relevant third parties have been informed of, and have given
their consent to, such use, processing, and transfer as required by Data Protection
Laws.
Customer hereby authorizes WorkTrek to use subcontractors and other processors in
the processing of Customer’s Personal Data carried out under this Agreement.
More information about the role of Customer as data controller can be found under
the privacy policy section Customer as Data controller.
WorkTrek as data controller: In addition to processing data on behalf of Customer
as a data processor, WorkTrek also processes certain Personal Data for its own
purposes as a data controller. More information regarding this processing can be
found under the privacy policy section WorkTrek as Data controller.
WorkTrek’s privacy policy is available at http://www.worktrek.com/privacy-policy/.

 

6. SUPPORT AND AVAILABILITY OF SERVICE

The Service will include remedial maintenance for the Asset, Maintenance and Field
Work Management Software our Service is based upon, including all updates, bug
fixes, and upgrades to the Asset, Maintenance and Field Work Management
Software that are implemented by us during the term of the Agreement.
Subject to the terms and conditions of this Agreement, WorkTrek will use
commercially reasonable efforts to provide the Service for twenty-four hours a day,
seven (7) days a week through the term of this Agreement. You agree that from time
to time the Service may be inaccessible or impossible to use for various reasons,
including periodic maintenance procedures or upgrades, service malfunctions and
causes beyond our control or that are not reasonably foreseeable by us, including the
interruption or failure of telecommunications or digital transmission links, hostile
network attacks or network congestion or other failures (collectively, “Downtime”).
WorkTrek will use commercially reasonable efforts to minimize any disruption,
inaccessibility and/or inoperability of the Service in connection with Downtime,
whether scheduled or not. WorkTrek will not be responsible for any damages or costs
incurred by you, including without limitation, lost profits, if any, that may arise in
connection with Downtime.

 

7. CONDUCT

You agree to comply with our acceptable use policies in connection with your use of
the Service. You understand that all information, data, text, software, graphics, or
other materials (“User Content”), whether publicly posted or privately transmitted, are
the sole responsibility of the person from whom such User Content originated. This
means that you, and not WorkTrek, are entirely responsible for all User Content that
you upload, post, e-mail, transmit, or otherwise make available via the Service.
WorkTrek does not control the User Content posted via the Service and, as such,
does not guarantee the accuracy, integrity, or quality of such User Content. WorkTrek
takes no responsibility for, and shall not in any circumstances be liable in any way for
any User Content or harm or damages arising therefrom, including, but not limited to,
any errors or omissions in any content, or any loss or damage of any kind incurred as
a result of the use of any User Content posted, e-mailed, transmitted, or otherwise
made available via the Service. You agree to not use the Service to:
(a) upload, post, e-mail, transmit, or otherwise make available any User Content that
is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar,
obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or
otherwise objectionable, or harm minors;
(b) impersonate any person or entity or falsely state or otherwise misrepresent your
identity or affiliation with a person or entity;
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of
any User Content transmitted through the Service;
(d) upload, post, e-mail, transmit, or otherwise make available any User Content that
you do not have a right to make available under any law or under contractual or other
relationships;

(e) upload, post, e-mail, transmit, or otherwise make available any User Content that
infringes any patent, trademark, trade secret, copyright, or other property rights of
any party;
(f) upload, post, e-mail, transmit, or otherwise make available any unsolicited or
unauthorized advertising, promotional materials, “junk mail,” “spam,” or any other
form of solicitation;
(g) upload, post, e-mail, transmit, or otherwise make available any material that
contains software viruses or any other computer code, files, or programs designed to
interrupt, destroy, or limit the functionality of any computer software or hardware or
telecommunications equipment;
(h) disrupt the normal flow of dialogue, or otherwise act in a manner that negatively
affects other users’ ability to engage in discussions or exchanges;
(i) interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies, or regulations of
networks connected to the Service;
(j) intentionally or unintentionally violate any applicable local, state, national, or
international law;
(k) “stalk” or otherwise harass another; and/or
(l) collect or store personal data about other users in connection with the prohibited
conduct and activities set forth in the paragraphs above.
You acknowledge that WorkTrek has the right, but not the obligation, to pre-screen or
monitor User Content, and that WorkTrek and its designees may in their sole
discretion, refuse, move, or take down, remove or discard any User Content that is
available via the Service and which in WorkTrek’s opinion violates the terms of this
Agreement. You agree that you must evaluate, and bear all risks associated with, the
use of any User Content, including any reliance on the accuracy, completeness, or
usefulness of such User Content. You acknowledge, consent, and agree that
WorkTrek may access, preserve, and disclose your account information and User
Content if required to do so by law or in a good faith belief that such access
preservation or disclosure is reasonably necessary to:
(1) comply with legal process;
(2) enforce the terms of this Agreement;
(3) respond to claims that any User Content violates the rights of third parties;
(4) respond to your requests for subscriber service;
(5) protect the rights, property, interests, or personal safety of WorkTrek, its users,
and the public; and/or
(6) prevent crime, or report a crime that has already been committed.

 

8. RESTRICTIONS ON USE

You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or
otherwise commercially exploit or make available to any third party the Service in any
way except as permitted under this Agreement; (ii) modify or make derivative works
based upon the Service; (iii) create Internet “links” to the Service or “frame” or
“mirror” any portion of the Service on any other server or wireless or Internet-based
device; (iv) circumvent or attempt to circumvent any usage control features of the
Service; (v) probe, scan or test the vulnerability of the Service; or (vi) disrupt other
users of the Service or use the Service for phishing or spamming; or (vii) reverse
engineer or access the Service in order to (a) build a competitive product or service,
(b) build a product or service using similar ideas, features, functions or graphics
represented by or incorporated in the Service, or (c) copy any ideas, features,
functions or graphics represented by or incorporated in the Service.

 

9. UNAUTHORIZED USE

You will notify us immediately of any unauthorized use of any password or account or
any other known or suspected breach of security.

 

10. INTELLECTUAL PROPERTY RIGHTS

Any intellectual property rights on a worldwide basis, including, without limitation,
patentable inventions (whether or not applied for), patents, patent rights, copyrights,
work of authorship, moral rights, database rights, trademarks, service marks, trade
names, trade dress, trade secrets and all applications and registrations of all of the
foregoing resulting from, or relating to, the performance of the Service that are
conceived, developed, discovered or reduced to practice by WorkTrek (the
“Intellectual Property Rights”), shall be the exclusive property of WorkTrek.
Specifically, WorkTrek shall exclusively own all rights, title and interest (including,
without limitation, all Intellectual Property Rights throughout the world) in and to the
Service and any and all inventions, works of authorship, layouts, know-how, ideas or
information discovered, developed, made, conceived or reduced to practice, by
WorkTrek, in the course of the performance of the Service. Notwithstanding any
provision to the contrary in Section 10, the provisions of this Section 10 do not apply
to the Personal Data.

 

11. USE OF YOUR INFORMATION

Your information is used by WorkTrek for the following purposes:
 To deliver functionality and improve the WorkTrek site and/or the Service;
 To fulfill your requests for assistance with, or information about, the WorkTrek
site and/or the Service;
 To conduct research about your use of the WorkTrek site and/or the Service
and their functionality;
 To offer other WorkTrek services, products, features or functionality that may
be of interest to you; and
 To integrate services, products or features from WorkTrek’s business partners
and service providers that we believe will enhance your experience and the
functionality and reach of our Service. If we enter into any future arrangements

with business partners or other service providers that require access to your
contact information, we will provide notice and an opportunity for you to opt
out. In any event, we will require our business partners and service providers
to maintain your information in confidence, and not to misuse it.
In addition, when you sign on to the WorkTrek site, we have access to certain
technical information that is made available to us by your computer and Internet
browser, such as the type of browser you are using, your Internet provider and
certain other details that are routinely provided. We may associate part or all of this
information with your WorkTrek account to help us personalize your experience.
Although no computer system is completely impervious to cyber-attack, we employ
industry standard technical, managerial and physical security methods to safeguard
your data. For additional information, please consult the WorkTrek Privacy Policy,
which addresses in greater detail the types of information collected by WorkTrek, and
how WorkTrek maintains the confidentiality of your information.

 

12. PROTECTION OF CHILDREN

WorkTrek is intended for a general audience, but is not directed to the use by
children under the age of thirteen, who may not register without the verifiable consent
of a parent or guardian. WorkTrek does not knowingly solicit or maintain any personal
information of children under thirteen years of age, and we will take steps to
terminate any unauthorized underage registration of which we become aware.

 

13. USER CONTENT

As between WorkTrek and you, you are deemed to possess all right, title and interest
in and to any User Content you submit or make available for inclusion via the
Service. To the extent that you have the legal right to do so, however, you agree that
by making the User Content available for inclusion via the Service, you agree to allow
WorkTrek the right to use and display such User Content, in whole or in part, on the
Service.

 

14. USAGE INFORMATION

The term “Usage Information” shall mean all information collected by us reflecting
access and usage of the Site and for our Service, including traffic information and,
subject to WorkTrek’s privacy policy then in effect, all information directly obtained
from an individual visitor accessing the Site. Usage Information does not include User
Content as defined above. You agree all Usage Information shall be our exclusive
property.

 

15. INDEMNITY

You agree to indemnify and hold WorkTrek and its subsidiaries, affiliates, officers,
agents, employees, partners, and licensors harmless from any claim or demand,
including but not limited to reasonable attorneys’ fees, made by any third party due to
or arising out of User Content you submit, post, transmit, or otherwise make available

through the Service, your use of the Service, your connection to the Service, any
content you create, manage or control in connection with the Service, your violation
of the terms of this Agreement, or your use of the Service in violation of any third-
party rights.

 

16. MODIFICATIONS TO SERVICE

You acknowledge that WorkTrek may establish general practices and limits
concerning use of the Service. You further acknowledge that WorkTrek reserves the
right to modify these general practices and limits from time to time. WorkTrek
reserves the right at any time and from time to time to modify or discontinue,
temporarily or permanently, the Service (or any part thereof) with or without notice.
You agree that WorkTrek shall not be liable to you or to any third party for any
modification, suspension, or discontinuance of the Service, in whole or in part.

 

17. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web
sites or resources. Because WorkTrek has no control over such sites and resources,
you acknowledge and agree that WorkTrek is not responsible for the availability of
such external sites or resources, and does not endorse and is not responsible or
liable for any third-party Content, advertising, products, or other materials on or
available from such sites or resources. You further acknowledge and agree that
WorkTrek shall not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or reliance on
any third-party Content, goods, or services available on or through any such site or
resource.

 

18. LIMITED WARRANTY

All services are provided “as is”, “as available”, and “with all faults” and without any
warranty. customer understands and agrees that WorkTrek’s services are provided
“as is” and “as available.” WorkTrek, its affiliates, and its suppliers expressly disclaim
all warranties of any kind, express or implied, including but not limited to any
warranties of merchantability, fitness for a particular purpose or non-infringement.
WorkTrek makes no warranty or representation regarding any information, materials,
goods or services obtained through WorkTrek’s service representatives or websites,
or that the services will meet any of customer’s requirements, or be uninterrupted,
timely, secure or error free. use of services is at customer’s sole risk. WorkTrek is not
liable for acts or omissions of other service providers, for information or content of
communications, third-party services, equipment failure or modification, or causes
beyond WorkTrek’s reasonable control.

 

19. LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event whatsoever shall either
WorkTrek or its affiliates, or their respective employees, officers, shareholders,
agents, licensors or representatives, nor customer or its affiliates, or their respective

employees, officers, shareholders, agents, licensors or representatives, be liable for
any indirect, consequential, incidental, special, punitive or exemplary damages, or for
any loss of profits or revenue, including but not limited to loss of sales, data, profit,
revenue, goodwill, business interruption, loss of information or unauthorized access
to information and the like, even if either party or an affiliate has been advised of the
possibility of such damages. in no event shall either party or its affiliates be liable to
the other party for an amount in excess of the total monetary amount actually
received by WorkTrek from customer for the services in the three (3) months
preceding the event which gave rise to the claim.

 

20. TERM AND TERMINATION

Unless the Parties agree otherwise in writing, the performance of the Service shall
commence on the date of the subscription or as set out in Customer’s order
confirmation from WorkTrek, and shall continue until the subscription has been
terminated (the “Term”).
The subscription term can be either monthly or annual, depending on the initial
choice of Customer.
Customer may terminate the subscription, without providing notice, at any point. The
subscription will remain active until the end of the subscription period for which the
customer has prepaid. Customers can terminate the subscription in the WorkTrek
web application or by emailing support@worktrek.com.
For any Service provided by WorkTrek to Customer without a Service Fee (such as a
free trial period or similar), WorkTrek shall have the right to terminate such Service
immediately without cause at its discretion.
Enterprise Customers who enter into a SAAS Services Agreement with WorkTrek
should refer to such agreement for the Term and Termination provisions applicable to
such Customers.
Either Party may terminate the Service with immediate effect by serving a written
notice to that effect, if: (i) the other Party files a petition for bankruptcy or is
adjudicated as bankrupt; (ii) a petition in bankruptcy is filed against the other Party
and such petition is not removed or resolved within thirty calendar days; (iii) the other
Party makes an assignment for the benefit of its creditors or an arrangement for its
creditors pursuant to bankruptcy law; (iv) the other Party discontinues its business;
(v) a receiver is appointed over all or substantially all of the other Party’s assets or
business; (vi) the other Party is dissolved or liquidated; or (vii) any payment due by
the other Party is late for a period of time exceeding 21 days.

 

21. EFFECT OF TERMINATION

Other than as required by law, upon termination of the Service in accordance with
this Agreement, WorkTrek shall have no further obligation to provide the terminated
or any other Service and Customer shall have no obligation to pay any further
Service Fees relating to such terminated Service; provided that, notwithstanding such

termination, (i) Customer shall remain liable to WorkTrek for any amounts owed and
payable in respect of Service provided prior to the effective date of the termination
and (ii) the sections of this Agreement that have been specifically stated as surviving
the termination of the Services or sections which would, by their nature, survive the
termination of the Services, shall survive any such termination. Any termination of the
obligations under this Agreement as to any Service or upon termination of this
Agreement will not relieve a Party of any liability for breach hereof.

 

22. MISCELLANEOUS

(a) Force Majeure
For purposes of this Section 22 (a), a “Force Majeure Event” means an event beyond
the control of a Party, which by its nature could not have been foreseen by such
Party, or, if it could have been foreseen, was unavoidable and includes, without
limitation, acts of God, storms, floods, riots, fires, cloud service provider performance
failures and/or power outages, power outages, sabotage, civil commotion or civil
unrest, interference by civil or military authorities, and acts of war (declared or
undeclared). Continued performance of a Service may be suspended immediately to
the extent caused by Force Majeure. The Party claiming suspension of a Service due
to Force Majeure will give prompt notice to the other of the occurrence of the event
giving rise to the suspension and of its nature and anticipated duration. The Parties
shall cooperate with each other to find alternative means and methods for the
provision of the suspended Service. Without limiting the generality of the foregoing,
neither Party shall be under any liability for failure to fulfill any obligation under these
Terms, so long as and to the extent to which the fulfillment of such obligation is
prevented, frustrated, hindered or delayed as a consequence of circumstances of
Force Majeure.
(b) Entire Agreement
This Agreement (including the WorkTrek Service Order Confirmation, the
Subscription Confirmation and the SAAS Services Agreement, whichever is
applicable) constitute the entire agreement between the Parties with respect to the
subject matter hereof and shall supersede all prior agreements, understandings and
negotiations, both written and oral, between the Parties with respect to the subject
matter hereof.
(c) Transfer of Rights
Neither Party shall transfer any rights or obligations under this Agreement, without
the prior written approval of the other Party. Notwithstanding the aforementioned,
WorkTrek has a right to transfer such rights and obligations to any affiliate, or to a
third party as a part of a sale or other transaction involving the business to which
such rights and obligations relate.
(d) Severability

If any terms or other provision of this Agreement or the schedules hereto shall be
determined by a court, administrative agency or arbitrator to be invalid, illegal or
unenforceable, such invalidity or unenforceability shall not render the entire
Agreement invalid. Rather, this Agreement shall be construed as if not containing the
particular invalid, illegal or unenforceable provision, and all other provisions of this
Agreement shall nevertheless remain in full force and effect so long as the economic
or legal substance of the transactions contemplated hereby is not affected in any
manner materially adverse to either Party. Upon such determination that any term or
other provision is invalid, illegal or unenforceable, the Parties shall negotiate in good
faith to modify this Agreement so as to effect the original intent of the Parties as
closely as possible in an acceptable manner to the end that the transactions
contemplated hereunder are fulfilled to the fullest extent permitted under applicable
law.
(e) Amendment and Modification
WorkTrek has the right to amend the Terms from time to time, by notifying Customer
of this by email or in the Service. In the event that Customer does not approve of the
amendment to the Terms, Customer has the right to terminate the Service and this
Agreement prior to the effective date of the amendment.
(f) No Waiver; Remedies Cumulative
No failure or delay on the part of either Party hereto in the exercise of any right
hereunder shall impair such right or be construed to be a waiver of, or acquiescence
in, any breach of any representation, warranty or agreement herein, nor shall any
single or partial exercise of any such right preclude other or further exercise thereof
or of any other right. All rights and remedies existing under this Agreement are
cumulative to, and not exclusive of, any rights or remedies otherwise available.
(g) Interpretation
The headings contained in this Agreement are for reference purposes only and shall
not affect in any way the meaning or interpretation of these Terms. When a reference
is made in this to an Article or a Section, such reference shall be to an Article or
Section of this Agreement unless otherwise indicated.
(h) Survival of Terms
Termination or expiration of this Agreement for any reason shall not release any party
from any liabilities or obligations set forth in this Agreement which (a) the Parties
have expressly agreed shall survive any such termination or expiration, or (b) remain
to be performed, or by their nature would be intended to be applicable following any
such termination or expiration.
(i) Independent Contractors

The relationship of WorkTrek and Customer is that of independent contractors, and
nothing contained in this Agreement shall be construed to allow either Party to create
or assume any obligation on behalf of the other Party for any purpose whatsoever.
(j) Governing Law and Resolution of Disputes
This Agreement and any dispute or claim arising out of or in connection with it or its
subject matter or formation (including non-contractual disputes or claims) will be
governed by and construed in accordance with the laws of the state of Delaware,
United States, without regard to conflict of laws principles. You irrevocably agree that
the courts of Delaware will have exclusive jurisdiction to settle any dispute or claim
arising out of or in connection with this Agreement or its subject matter or formation
(including non-contractual disputes or claims).
(k) Non-Solicitation
Customer agrees that, during the Term and for a period of twelve (12) months
thereafter, Customer will not solicit, engage, retain or employ, whether directly or
indirectly, for any purpose, any current employee, contractor, owner or agent of
WorkTrek.
(l) Electronic Notices
You agree to this license electronically. you authorize us to provide you any
information and notices regarding the service (“notices”) in electronic form. We may
provide notices to you (1) via e-mail if you have provided us with a valid email
address or (2) by posting the notice on a website designated by us for this purpose.
The delivery of any Notice is effective when sent or posted by WorkTrek regardless
of whether you read the Notice or actually receive the delivery. You can withdraw
your consent to receive Notices electronically by discontinuing your use of the
Service.
(m) Contact Us
If you have any questions or comments, or think we’ve overlooked something
important to you, please feel free to email us at support@worktrek.com.