PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES, AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE.
These Terms and Conditions of Use ("Site Terms") apply exclusively to your access to, and use of, the Web sites of Inworks Servicing, LLC ("Inworks"), located at www.Inworks.com and such other Web sites that Inworks may operate in the future and which link to or display these Site Terms (each, a "Site" and collectively, the "Sites"). These Site Terms do not alter in any way the terms or conditions of any other agreement you may have with Inworks, or its subsidiaries or affiliates, for products, services or otherwise. If you are using the Sites on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms on such entity's behalf, and that such entity agrees to indemnify you and Inworks for violations of these Site Terms.
Inworks reserves the right to change or modify any of the terms and conditions contained in these Site Terms, and all other policies and guidelines of the Sites, at any time and in its sole discretion. Any changes or modifications will be effective immediately upon posting of the revisions on the Sites. We may also notify you of changes or modifications by sending you an email or other notification. Your continued use of any of the Sites following the posting of such changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should frequently review these Site Terms and applicable policies to understand the terms and conditions that apply to your use of the Sites. If you do not agree to the amended terms, you must stop using the Sites.
If you have any question regarding the use of one of our Sites, please email email@example.com.
2. Copyright and Limited License
Unless otherwise indicated, the Sites and all content and other materials on the Sites, including, without limitation, the Inworks logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files, and the selection and arrangement thereof (collectively, the "Materials") are the proprietary property of Inworks or its licensors or users and are protected by U.S. and international copyright laws.
You are granted a limited, non-sublicensable license to access and use the Sites and electronically copy (except where prohibited without a license) and print to hard copy portions of the Materials for your informational, non-commercial, and personal use only. Such license is subject to these Site Terms and does not include: (a) any resale or commercial use of the Sites or the Materials therein; (b) the collection and use of any hospital, supplier, organizational, pictures, descriptions, or other information; (c) the distribution, public performance, or public display of any Materials; (d) modifying or otherwise making any derivative uses of the Sites or the Materials or any portion thereof; (e) use of any data mining, robots, or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Sites, the Materials, or any information contained therein, except as expressly permitted on a particular Site; or (g) any use of the Sites or the Materials other than for their intended purposes. Any use of the Sites or the Materials other than as specifically authorized herein, without the prior written permission of Inworks, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Site Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication, or otherwise. This license is revocable at any time.
3. Repeat Infringer Policy
Inworks respects the intellectual property of others, and we ask our users to do the same. Inworks may, in appropriate circumstances and at its own discretion, limit access to the Sites and/or terminate the accounts of any users who infringe the intellectual property rights of others.
4. Copyright Complaints
If you believe that any material on one of our Sites infringes upon any copyright that you own or control, or that any link on a Site directs users to another Web site that contains material that infringes upon any copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Designated Agent: Corporate Counsel
Address of Designated Agent: 805 SW Broadway/Suite 1600, Portland, OR 97205
Telephone Number of Designated Agent: 503-973-5200
Fax Number of Designated Agent: 503-973-5252
Email Address of Designated Agent: firstname.lastname@example.org
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. If you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys’ fees, incurred by Inworks or the alleged infringer as the result of Inworks relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
We may give notice of a claim of copyright infringement to our users by means of a general notice on one or more Sites, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records.
Inworks, $trategic AP, Strategic AP, the Inworks logos, and any other product or service name or slogan contained in the Sites are trademarks of Inworks and/or its suppliers or licensors and may not be copied, imitated or used, in whole or in part, without the prior written permission of Inworks or the applicable trademark holder.
You may not use any metatags or any other "hidden text" utilizing "Inworks" or any other name, trademark, or product or service name of Inworks without Inworks' prior written permission. In addition, the look and feel of the Sites, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of Inworks and may not be copied, imitated, or used, in whole or in part, without Inworks' prior written permission. All other trademarks, registered trademarks, product names, and Inworks names or logos mentioned in the Sites are the property of their respective owners. Reference to any third party products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Inworks.
You are granted a limited, non-exclusive right to create a text hyperlink to the Sites, provided such link does not portray Inworks or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing, or otherwise objectionable. This limited right may be revoked at any time. You may not use an Inworks logo or other proprietary Inworks graphic to link to the Sites without the express written permission of Inworks. Further, you may not use, frame, or utilize framing techniques to enclose any Inworks trademark, logo, or other proprietary information, including, without limitation, the images found at the Sites, the content of any text or the layout/design of any page, form, or content contained on a page on the Sites without Inworks' express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppels, or otherwise in or under any patent, trademark, copyright, or proprietary right of Inworks or any third party.
Inworks makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party Web sites accessible by hyperlink from the Sites, or Web sites linking to the Sites. Such sites are not under the control of Inworks, and Inworks is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. Inworks provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Inworks of any site or any information contained therein. When you leave the Sites, you should be aware that Inworks' terms and policies, including, without limitation, our privacy and data security policies, no longer govern. You should review the applicable terms and policies, including privacy and data security, practices, of any site to which you navigate from the Sites.
7. Third Party Content
Inworks may provide links to Web pages and content of third parties ("Third Party Content") on the Sites as a service to those interested in such Web pages and content. Inworks does not monitor or have any control over any Third Party Content or third party Web sites. Inworks does not endorse or adopt any Third Party Content and makes no representation, warranty, or guaranty as to its accuracy or completeness. Inworks undertakes no responsibility to update or review any Third Party Content. Users use these links and Third Party Content contained therein at their own risk.
8. Advertisements and Promotions
Inworks may run advertisements and promotions from third parties on the Sites. Your participation in promotions of, or business dealings or correspondence with, advertisers other than Inworks, and any terms, conditions, warranties, or representations associated therewith, are solely between you and such third party. Inworks is not responsible or liable for any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such non-Inworks advertisers on the Sites.
9. Compliance with Law
10. Registration; Account Security
In consideration of your use of the Sites, you agree to: (a) provide accurate, current, and complete information about you as may be prompted by any registration forms on the Sites ("Registration Data"); (b) maintain the security of your password and identification; and (c) maintain and promptly update the Registration Data, and any other information you provide to Inworks, and keep all such information accurate, current, and complete.
You agree to defend, indemnify, and hold harmless Inworks, its independent contractors, service providers, and consultants, and their respective directors, employees, and agents, from and against any claims, damages, costs, liabilities, and expenses (including, but not limited to, reasonable attorneys' fees) arising out of or related to your use of or inability to use the Sites, including without limitation any actual or threatened suit, demand, or claim made against Inworks and/or its independent contractors, service providers, employees, directors, or consultants, arising out of or relating to your conduct, your violation of these Site Terms, or your violation of the rights of any third party.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY INWORKS, THE SITES, THE MATERIALS CONTAINED THEREIN, AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. INWORKS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE INFORMATION, CONTENT, AND MATERIALS IN THE SITES. INWORKS DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THE SITES OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.
INWORKS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, OR PHOTOGRAPHY. WHILE INWORKS ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITES AND THE SERVICES SAFE, INWORKS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
Inworks reserves the right to change any and all of the Materials and the Services at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by Inworks.
13. Limitation of Liability
IN NO EVENT WILL INWORKS, ITS CONTRACTORS, SERVICE PROVIDERS, OR CONSULTANTS, OR THEIR RESPECTIVE DIRECTORS, EMPLOYEES, AND AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITES, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM INWORKS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO INWORKS’ RECORDS, PROGRAMS, OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF INWORKS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF ANY SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO INWORKS FOR ACCESS TO OR USE OF THE APPLICABLE SITE.
14. Applicable Law and Venue
These Site Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of Oregon, applicable to agreements made and to be entirely performed within the State of Oregon, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Site Terms shall be filed only in the state and federal courts located in Multnomah County, Oregon, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action, or proceeding arising out of these Site Terms.
Notwithstanding any of these Site Terms, Inworks reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent your access to and use of the Site.
If any provision of these Site Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions.
17. Questions and Contact Information
Questions or comments about the Sites may be directed to Inworks at:
Inworks Servicing, LLC
805 SW Broadway, Suite 1600
Portland, OR 97205
18. Notice to California Users
If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the address above with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd. Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.