THIS IS A LEGAL AGREEMENT BETWEEN YOU AND WKRComp, LLC. BY USING THE SERVICE, YOU SIGNIFY YOUR AGREEMENT WITH THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT. ANY REFERENCE TO ” WKRComp” IN THIS AGREEMENT INCLUDES ANY DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OWNERS, AGENTS, LICENSORS OR LICENSEES OF WKRcomp.com. AS USED IN THIS AGREEMENT, THE WORDS “YOU” AND “YOUR” REFER TO YOU AS THE PARTY AGREEING TO THE TERMS AND CONDITIONS TO USE THE SERVICE; THE WORDS “WE”, “US”, “OUR” AND ANY OTHER VARIATION THEREOF REFER TO WKRComp.
1. ACCEPTANCE OF TERMS
WKRComp PROVIDES ITS SERVICE TO YOU, SUBJECT TO THE FOLLOWING AGREEMENT, WHICH MAY BE UPDATED BY US FROM TIME TO TIME. THIS AGREEMENT CONSTITUTES THE ENTIRE AGREEMENT BETWEEN YOU AND WKRcomp.com AND SUPERSEDES ALL OTHER AGREEMENTS OR UNDERSTANDING, WRITTEN OR ORAL, REGARDING THIS SERVICE. YOU AGREE THAT WKRcomp.com DOES NOT NEED TO NOTIFY YOU OF ANY CHANGES TO THIS AGREEMENT. YOU CAN REVIEW THE MOST CURRENT VERSION OF THE AGREEMENT ONLINE AT ANY TIME.
2. DESCRIPTION OF SERVICE
The Service allows individuals and small businesses the ability to enter data in order to calculate payroll, contractor, and prevailing wage reports for accounting programs. The program is called the Business Employer Tax Calculator or BETC. In order to receive the Service, you will need to provide WKRComp your account access information and any information necessary for us to access your account.
The service allows you to add or share your data with other “Users” you give access too or accept access from. In these Terms users of the Site, whether they are Subscribers, Customers, Employees, or casual browsers of the Site, are called “Users”.
WKRComp may modify the terms of this Agreement, and may discontinue or revise any or all other aspects of the Service in its sole and absolute discretion and without prior notice.
In order to use the Service, you must obtain access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment necessary to make such connection to the Internet, including a computer and modem or other access device.
WKRComp may contact you regarding account status and other matters relevant to the underlying Service and/or the information collected. WKRcomp may also use your account access information for the purpose of maintaining and improving the operation of the Service, as well as providing you with offers targeted toward your usage of the Service. You can cancel your registration with the Service at any time and have your information deleted from our records. WKRComp may retain certain information past cancellation date to meet record retention requirements. This provision and the policies outlined herein do not imply contractual or other legal rights of any other party.
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You warrant that you are at least eighteen (18) years old, a United States or Canadian Citizen and are responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide from your “New Account Registration Information.”
By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.
You agree to: (a) notify us immediately of any unauthorized use of your password or account, or if you believe your password has been lost or stolen or any other breach of security; (b) ensure that you exit and logoff from your account at the end of each session; and (c) accept responsibility for all usage of the Service and any fees associated with use of other services accessed through the Support on your account. WKRComp cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
You, agree to provide true, accurate, current and complete information and agree to not misrepresent your identity or your account information.
You must register to use the Software as a Service and (a) provide true, accurate, current and complete information as prompted in the sign-up process (the ” New Account Registration Information”), and (b) maintain and promptly update the Registration Information to keep it accurate, current and complete. If you provide any Registration Information that is inaccurate, not current or incomplete, or WKRComp has reasonable grounds to suspect is inaccurate, not current or incomplete, WKRComp may, in its sole discretion, suspend or terminate your account and refuse any and all current or future access to and use of the Software or Services (or any portion thereof).
5. ONLINE AND MOBILE ALERTS
Part of WKRCom’s “Service” is providing voluntary account-related alerts. Electronic alerts will be sent to the email address you have provided as your primary email address or preferred recipient for WKRComp. If your email address changes, you are responsible for informing us of that change. Changes to your email address will apply to all of your alerts.
Because alerts are not encrypted, we will never include your passcode. However, alerts may include your WKRComp Login ID and some information about your accounts. Anyone with access to your email will be able to view the content of these alerts.
This Agreement will be in effect from the date of your completed registration with WKRComp. Either you or WKRComp may terminate this Agreement at any time with or without notice. The provisions and all obligations of and restrictions on you and any user of your account with respect to the Service shall survive any termination of this Agreement. You hereby expressly authorize WKRComp to act as your agent and to process requests for your account through or with any service provider for whom you provide us account access information. You authorize WKRComp to legally represent you to your service providers through this interface.
You agree that WKRComp, in its sole and absolute discretion, may terminate your password, account (or any part thereof) or use of the Service, for any reason, including, without limitation, for lack of use or if WKRcomp.com believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. WKRComp may, also, in its sole and absolute discretion, and at any time, discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that WKRComp may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files or the Service by you. Further, you agree that WKRComp shall not be liable to you or any third party for any termination of your access to the Service.
You agree to indemnify and hold WKRComp, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party (including but not limited to your service providers) due to or arising out of your use of the Service, your connection to the Service, your violation of the Agreement, or your violation of any rights of another.
WKRComp may rely on third party information providers whom WKRComp believes are reliable. Information, data, news and other information contained, accessible or made available through this Site, however, is generated or provided by third parties and WKRComp makes no representation or warranty of any kind whatsoever as to the accuracy, truthfulness, usefulness, timeliness or completeness of any of the content herein or accessible hereby in whole or in part. Further, any information, data, news or other information accessible or made available through this Site may contain errors, defects or be unreliable. WKRComp assumes no responsibility for the accuracy, truthfulness or usefulness of the data, information or other content on this Site or accessible though this Site, and WKRComp shall have no responsibility to correct or update any data, information or content on this Site. You assume full and complete responsibility for reviewing data entered and verifying any and all data, information, and content, including without limitation its usefulness, truthfulness, accuracy, completeness or currency. You are responsible for usefulness or verifying the accuracy, completeness, truthfulness, timeliness, usefulness and value to you to whatever extent you deem necessary, in reliance on other advisers, consultants, experts and resources you deem necessary and you shall indemnify and hold WKRComp, its agents, employees, officers, directors, partners, subsidiaries and affiliates harmless from and against any and all liability, loss, damage, claim, cost, expense, including, without limitation, attorneys and accountants’ fees and costs caused by your reliance on any content contained on this Site or accessible or made available through this Site.
THE SERVICE, INFORMATION, DATA, FEATURES AND ALL CONTENT, IS OFFERED AND MADE AVAILABLE HEREIN ON AN “AS IS” BASIS. IN NO EVENT SHALL WKRComp.com BE LIABLE TO YOU, YOUR COMPANY, EMPLOYEES, AGENTS, THIRD PARTIES, ASSOCIATES, PARTNERS, OR ANYONE ELSE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, OR INDIRECT DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION THOSE RESULTING FROM LOSS OR IMPAIRMENT OF USE, DATA, OR PROFITS, YOU OR ANYONE ELSE MAY INCUR RELATING TO YOUR USE OR ACCESS TO THIS SITE, OR THE USE OR ACCESS HERETO BY ANYONE ELSE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES, AND AS A CONDITION TO USE OR ACCESS ANY SUCH INFORMATION, YOU EXPRESSLY WAIVE ANY AND ALL CLAIMS YOU MAY HAVE OR ASSERT AGAINST WKRComp RELATING DIRECTLY OR INDIRECTLY TO ACCESSING OR USING OR RELIANCE UPON ANY SUCH INFORMATION OR DATA BY YOU OR ANYONE ELSE. THE TERM “DAMAGES’ AS USED HEREIN INCLUDES, WITHOUT LIMITATION, ANY AND ALL LIABILITY, LOSS, DAMAGE, INJURY, CLAIM, FOUNDED OR UNFOUNDED, EXPENSE, FEE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ATTORNEYS OR ACCOUNTANTS FEES.
WKRComp MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER REGARDING ANY CONTENT CONTAINED ON THIS SITE, INCLUDING, WITHOUT LIMITATION, SERVICE, NEWS, DATA, INFORMATION OR CONTENT OF ANY KIND, OF THE USEFULNESS, RELIABILITY, TRUTHFULNESS, ACCURACY, TIMELINESS OR COMPLETENESS TO YOU OR ANYONE ELSE, INCLUDING WITHOUT LIMITATION WARRANTY OF MERCHANTABILITY, WARRANTY OF FITNESS FOR PARTICULAR PURPOSE OR USE, WARRANTY OF NON-INFRINGEMENT, WARRANTY OF TITLE, OR WARRANTY OF ANY KIND.
WKRComp MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND THAT THIS SITE OR ANY CONTENT HEREIN OR AVAILABLE FROM OTHER SITES ACCESSIBLE HEREBY, INCLUDING, WITHOUT LIMITATION, SOFTWARE OR FILES ACCESSIBLE OR MADE AVAILABLE FOR DOWNLOAD HEREFROM, ARE FREE OF OR FROM TECHNOLOGICALLY UNSTABLE FILES OR CHARACTERISTICS, OR BUGS, VIRUSES, ERRORS, DEFECTS, PROBLEMS, TROJAN HORSES, WORMS, OTHER LIMITATIONS OR OTHER CODES OR DEFECTS THAT MAY HAVE CONTAMINATING OR DESTRUCTIVE PROPERTIES OR CHARACTERISTICS OR ADVERSE EFFECTS ON YOUR SOFTWARE OR HARDWARE. YOU ASSUME ALL RISKS AND RESPONSIBILITY FOR USE OR RELIANCE UPON THIS SITE OR ANY INFORMATION OR DATA SET FORTH HEREIN.
IF YOU ARE DISSATISFIED WITH THIS SITE OR ANY FEATURES OR INFORMATION HEREIN OR ACCESSIBLE HEREFROM, OR ANY OF THE AGREEMENT, OR OPERATION OF THE SITE OR ANY OF ITS FEATURES, YOUR SOLE REMEDY SHALL BE TO DISCONTINUE USE OF THE SITE AND ITS FEATURES.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WKRComp.com SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES (EVEN IF WKRComp HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING IN CONNECTION WITH THIS SERVICE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE BY ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, VIRUS, NETWORK OR SYSTEM FAILURE OR RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE TIMELINESS OR ACCURACY OF SERVICE (iii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (v) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE.
In the event that a court should hold that the limitations of liabilities or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any of your remedies under this Agreement fail of their essential purpose, you expressly agree that under no circumstances shall WKRComp’s total liability to you or any party claiming by, through or under you for any cause whatsoever, and regardless of the form of action, whether in contract or in tort, including negligence or strict liability, in the aggregate, exceed $200 (U.S.). If your Account Login Information is improperly disclosed to a third party without your consent, and this disclosure is the direct result of WKRComp.com’s gross negligence in operating the Service, then you and WKRComp agree that WKRComp’s liability for your direct and actual damages in this circumstance shall not, in the aggregate, exceed $200 (U.S.).
10. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 7 AND 8 MAY NOT APPLY TO YOU.
11. REMEDIES OF USER
Your sole and exclusive remedy for any failure or non-performance of the Service including any associated software or other materials supplied in connection with the Service shall be for WKRComp to use commercially reasonable efforts to effectuate an adjustment or repair of the Service.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
12. MODIFICATIONS TO SERVICE
WKRComp 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 WKRComp shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
13. DEALINGS WITH THIRD PARTIES
Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with these dealings, are solely between you and the third party. You agree that WKRComp shall not be responsible or liable for any loss or damage of any sort incurred as the result of any of these dealings or as the result of the presence of such third party on the Service.
14. NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Service, you represent and warrant to WKRComp.com that you will not use the Service for any purpose that is unlawful or prohibited by this Agreement. You may not use the Service in any manner, which could damage, disable, overburden, or impair the Service. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Service.
15. OFFERS AND THIRD-PARTY LINKS
The Service will provide links to other web sites and may rely on advertisers to help fund the Service that we offer to our users. In order to continue with the Service, you agree that WKRComp may display advertisements and promotions. You understand that WKRComp.com may have agreements with websites including revenue sharing from advertising or transactions, and new user bounties. WKRComp.com does not endorse, warrant or guarantee the products or services available through the advertisers, promotions or savings opportunities (or any other third-party products or services advertised on or linked from our site), and WKRComp is not an agent or broker or otherwise responsible for the activities or policies of those web sites. WKRComp does not guarantee any savings opportunity, coupon, promotion or offer by any particular advertiser or other third party on WKRComp are actually the terms that may be offered to you if you pursue the offer or that they are the best terms or lowest price available in the market.
16. INTELLECTUAL PROPERTY
All content on this Service, including, without limitation, any and all materials, information, text, data, contents, names, trade names, trademarks, trade dress, service marks, lay out, logos, designs, images, graphics, illustrations, artwork, icons, photographs, displays, sound, music, video, animation, organization, assembly, arrangement, and all intellectual property of any kind whatsoever, is owned exclusively by WKRComp, or the licensors or suppliers of WKRComp and is protected by U.S. and international copyright and intellectual property laws. All rights are hereby reserved. Without limiting the foregoing, no content on this Service may be copied, reproduced, duplicated, published, or distributed in any form or by any means whatsoever without the express prior written permission of WKRComp or the appropriate licensor or supplier.
You are not licensed or permitted under this Agreement to do any of the following and shall not allow any third party to do any of the following: (a) work around any technical limitations in the Software, use any tool to enable features or functionalities that are otherwise disabled in the Software, or decompile, disassemble, or otherwise reverse engineer the Software except as otherwise permitted by applicable law; (b) perform or attempt to perform any actions that would interfere with the proper working of the Software, prevent access to or the use of the Software by WKRComp’s other licensees or customers, or impose an unreasonable or disproportionately large load on WKRComp’s infrastructure; or (c) otherwise use the Software except as expressly allowed under this Service agreement.
WKRComp grants you a personal, non-transferable and non-exclusive right and license to use the object code of its software on a single computer and access the Service; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software. You agree not to modify the software in any manner or form, or to use modified versions of the software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by WKRComp for use in accessing the Service.
Any feedback, questions, comments, suggestions, ideas or the like, which you send to WKRComp will be treated as being non-confidential and nonproprietary. WKRComp will also be free to use any ideas, concepts, know-how or techniques contained in all information for any purpose, whatsoever, including, but not limited to, developing, manufacturing and marketing products and services incorporating all information. Any submission to this Service shall be deemed and remain the property of WKRComp. WKRComp shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information that you provide to us.
All product and service marks contained on or associated with the Service that are not WKRComp Marks are the trademarks of their respective owners. References to any names, marks, products or services of third parties or hypertext links to third party site or information do not necessarily constitute or imply WKRComp.com’s endorsement, sponsorship or recommendation of the third party, information, product or service.
Notices to you may be made via email. The Service may, also, provide notices of changes to this Agreement, the Service or other matters by displaying notices or links to notices generally on this Site.
19. JURISDICTION; GOVERNING LAW
This Agreement shall be deemed and treated as though it were entered into, executed, and performed solely in California, and the laws of the State of California, without regard for conflict of law rules thereof, apply to all matters relating to use of the Service and shall without limitation govern this Agreement. You agree by use of the Service you do hereby submit to jurisdiction of the courts of California with appropriate subject matter jurisdiction and that any conflict brought or filed with respect to use of the Service or concerning this Agreement shall be brought in a court of competent jurisdiction in Los Angeles County, California. In any legal action relating to enforcement or breach of this Agreement, the prevailing party shall be entitled to recovery of costs, fees and expenses of any action, including, without limitation, attorney fees and accounting fees.
20. DELETING YOUR ACCOUNT
If you want to terminate your legal agreement with WKRComp, you may do so by closing your account for the Service. Please use the directions below to cancel your account:
- Send an email from your LoginID e-mail address to tcarlsonCFE@gmail.com with the following subject line – Delete Account
- You will be provided with an email confirming your request
- Your WKRComp account data will be removed within 48 hours.
21. PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING TERMS
a. A valid credit card or valid debit card is required for paying accounts. 30-day Free Trial accounts are not required to provide a credit card number. After the Trial period, you will be requested to subscribe to the Service or your account will be cancelled and all data will be deleted from our files.
b. You must have a valid credit card or a valid debit card with a Visa or MasterCard logo (Card) or sufficient funds in a U.S. checking or savings account to cover an electronic debit of the subscription fee to obtain access to the Software. The payment information you provide must be accurate and complete, and you agree to notify us promptly of any change in the payment information. When you subscribe and provide payment information, your Card or bank account will be debited, and will be automatically re-debited at the beginning of each applicable annual subscription term (Renewal Term) at the then-current subscription rate to maintain access to the Software.
c. The Service is billed in advance on an annual basis and is non-refundable. There will be no refunds or credits for partial months of service. In order to treat everyone equally, no exceptions will be made.
d. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
e. Prices of all Services, including but not limited to annual subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the WKRComp Site or the Service itself.
This Agreement shall be interpreted according to its fair meaning and shall not be interpreted strictly against or for either party. This Agreement constitutes the entire agreement with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether, electronic, oral or written, between WKRComp and the user of the Service. Headings used herein are for convenience only and shall not limit, control or add to the meaning of any term, provision or condition.
WKRComp may notify the user in writing or electronically either of which shall be deemed fully and completely adequate and effective to notify the user of the contents therein at the time sent to the last address or email address supplied by the user in writing or electronically to WKRComp.