Last Updated on: 1 November 2021
IT IS YOUR RESPONSIBILITY TO CHECK THESE WEBSITE TERMS PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE WEBSITE FOLLOWING THE POSTING OF CHANGES WILL MEAN THAT YOU ACCEPT AND AGREE TO THE CHANGES.
The R2WP Website Terms (“Website Terms”) are entered by and between Monjaras and Wismeyer Group, Inc. dba Return to Work Partners, Inc., a California corporation, and/or its subsidiaries and affiliated companies (“we,” “our,” “us”, or “R2WP”) and You. A “Party” means either you or us. “Parties” means you and us.
We own and operate myjobdescriptions.com and r2wp.com (collectively called “Website”). We have adopted these Website Terms to make you aware of the terms and conditions of your use of the Website, any derivative websites on which links to these Website Terms are posted, and any Content. “Content” means (a) Portal Content, and (b) information, photos, video, text, graphics, music, sounds or other material provided by R2WP or third parties. “Portal Content” means Content provided by R2WP via the Website on a subscription basis. For purposes of these Website Terms, references to “post” or “posting” shall refer to any manner of posting, transmitting, uploading, providing, making available or otherwise transferring material or information.
Grant of Rights and Restrictions on Use.
As long as you comply with these Website Terms, R2WP grants you a personal (or internal business use), non-exclusive, non-transferable, limited privilege to enter and use the Website and view Content provided that (a) you agree not to reproduce, duplicate, copy, distribute, transmit, sell, trade, resell or exploit for any purpose any portion of or any information from the Website; (b) you may not obscure or remove any proprietary rights notices contained in or on the Content; and (c) you are solely responsible for providing, maintaining and ensuring the compatibility of all hardware, software, electrical and other physical requirements necessary for your access to and use of the Website or any part thereof.
Use of Portal Account.
Our Intellectual Property Rights. Unless otherwise specifically noted in these Website Terms, Website IP displayed on the Website is the property of R2WP, or third parties who have authorized its use by R2WP. “Website IP” means (a) Content; (b) Portal Content; and (c) images, trademarks, service marks, logos, icons and any other intellectual property on the Website. Nothing contained on this Website should be construed as granting any license or right to use any Website IP displayed on this Website without the written permission of R2WP or such third party that may own the Website IP. Misuse of any Website IP displayed on this Website is prohibited. The Website, including, without limitation, any Website IP, is the copyrighted property of R2WP or its respective owner(s), and it may not be reproduced, recreated, modified, accessed or used in any manner or disseminated or distributed to any other party in violation of these Website Terms. Any unauthorized use of any Website IP, whether owned by R2WP or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. You will not copy, reverse engineer, disassemble, decompile, translate, modify, reproduce, republish, transmit, sell, offer for sale, disseminate or redistribute the Website IP or any part thereof or grant any other person or entity the right or access to do so.
Our Content. You acknowledge that the Website may contain or provide access to Content that are protected by copyrights, patents, trademarks, trade secrets, or other intellectual property laws, and that these rights are valid and protected in all forms, media, and technologies existing now or hereafter developed. For the avoidance of doubt, references to Content in these Website Terms shall include Portal Content.
Feedback. We welcome your comments, feedback, information, or materials regarding the Website, Content, or R2WP’s services (collectively, “Feedback”). Any Feedback you provide at this Website shall be deemed to be non-confidential. R2WP shall be free to use such information on an unrestricted basis.
Copyright and Copyright Notices. R2WP respects the intellectual property of others, and we ask our website visitors to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- an electronic or physical signature of the owner or 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;
- a description of where the material that you claim is infringing is located on the Website sufficient to allow us to locate the allegedly infringing material;
- your address, telephone number, and email 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.
Your Indemnification Obligations.
You agree to defend, indemnify, and hold harmless R2WP, its officers, members, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including attorneys’ fees and costs and expenses, arising out of or in any way connected with (a) a breach or alleged breach by you of any of your representations, warranties, covenants or obligations under these Website Terms; (b) infringement or misappropriation of any intellectual property or other rights of R2WP or third parties by you; (c) any negligence or willful misconduct by you; or (d) any other claim related to your performance under these Website Terms, which includes your use of any Content.
Use of Links on the Website. The Website may provide, or third parties may provide, links to other websites or resources on the Internet. Because R2WP has no control over such websites or resources, you acknowledge and agree that R2WP is not responsible for the availability of such external websites or resources, and R2WP does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources or for any privacy or other practices of the third parties operating those websites or resources.
Use of Content. R2WP makes no representation that the Content on the Website is appropriate or available for use in locations outside the United States. Access to the Website from countries or territories where such access is illegal is prohibited. Those who choose to access this Website or Content outside the United States do so on their own initiative and are responsible for compliance with local laws.
Additional Disclaimers. THE WEBSITE IS PROVIDED BY R2WP ON AN “AS IS” AND “AS AVAILABLE” BASIS. R2WP MAY MAKE CHANGES OR IMPROVEMENTS TO THE CONTENT AND FUNCTIONALITY OF THE WEBSITE AT ANY TIME, WITHOUT PRIOR NOTICE TO YOU. R2WP DOES NOT WARRANT THAT THE WEBSITE OR CONTENT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE WEBSITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. R2WP MAKES NO REPRESENTATIONS ABOUT THE TECHNICAL ACCURACY OR FUNCTIONALITY OF THE WEBSITE OR THAT THE CONTENT IS ACCURATE, ERROR-FREE OR UP-TO-DATE. R2WP MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS OR INTELLECTUAL PROPERTY.
R2WP MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE ON THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. YOU, AND NOT R2WP, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING OUT OF YOUR USE OF THIS WEBSITE OR THE CONTENT.
Limitation of Liability.
IN NO EVENT SHALL R2WP BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT R2WP HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH ACCESS TO, USE OR PERFORMANCE OF THE WEBSITE, FAILURE OF THE WEBSITE TO OPERATE, OR ANY CONTENT OR OTHER INFORMATION PROVIDED IN CONNECTION WITH THE WEBSITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM OF THIS AGREEMENT AND YOU ACKNOWLEDGE THAT R2WP WOULD NOT GRANT ACCESS TO THE WEBSITE WITHOUT YOUR AGREEMENT TO THIS TERM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Governing Law and Other Miscellaneous Terms.
Governing Law. The validity and effect of these Website Terms shall be governed by, and construed and enforced in accordance with the laws of the State of California, without regard to its conflicts or choice of laws principles.
Export Law. You may not use the Website or export Content in violation of United States export laws, regulations or restrictions. If you access the Website from outside of the United States, you are responsible for compliance with all applicable laws.
Heading. The captions and headings of these Website Terms are included for ease of reference only and will be disregarded in interpreting and construing these Website Terms.
Force Majeure. If the performance of any part of these Website Terms by either Party (other than payment of money) is prevented, hindered, delayed or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, labor dispute, act of God, telecommunications failure or any other cause beyond the control of either Party, that party shall be excused from such performance to the extent that it is prevented, hindered or delayed by such cause.
Enforceability. If any provision of these Website Terms is found unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision.
No Waiver. No waiver, implied or expressed, by either Party or any right or remedy for any breach by the other Party of any provision of these Website Terms will be deemed or construed to be a waiver of any succeeding breach of such provision or as a waiver of the provision itself.
Survival. The provisions of these Website Terms that by its content are intended to survive the expiration or termination of these Website Terms.
Complete Agreement. These Website Terms, including any other agreements or additional terms referenced herein, constitute the complete and exclusive statement of the agreement between the Parties with respect to the Website, Content, and services offered via the Website.