Workplace Stars, LLC. (“Workplace Stars”, “us”, or “we”) provides services related to sharing information about workplace environments (the “Services”) in connection with the Workplace Stars website, located at http://www.workplacestars.com (the “Site”).
This Agreement is a legal agreement between the User and Workplace Stars LLC for the Workplacestars.com Software Application Services you subscribe to. These Software Application Services include computer software, data storage mechanisms, databases and related designs, printed materials, and online or electronic documentation (Software Application Services, Application Services, or Software). By using the Software Application Services, you agree to be bound by the terms of this Customer Agreement. If you do not agree to the terms of this Customer Agreement, you are not authorized to use the Software Application Services.
If you sign up for additional features and services that are governed by additional terms and conditions, we will inform you accordingly when you sign up for these additional features and services. Unless otherwise provided by the additional terms and conditions, they are hereby incorporated into this Agreement by reference.
Please read this Agreement carefully before using the Services or parts thereof. This Agreement is a legally binding agreement between you (the individual using the Services, and the organization (if any) for which they are used) and Workplace Stars.
You agree to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity, and that Workplacestars.com may change its minimum pricing at any time. User must supply Workplacestars.com with correct credit card information, and any changes in credit card validity or expiration date must be updated. Workplacestars.com will automatically renew and charge User's account every month, quarter, or year for subscriptions. The renewal charge will be equal to the original subscription price, unless Workplacestars.com notifies User otherwise in advance. If the credit card cannot be processed for any reason, Workplacestars.com reserves the right to cancel the Service.
2. Member Account, Password and Security
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Workplacestars.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Workplacestars.com cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
3. STAR Workplace Standards
i. Registry. The STAR Trustmark Program will include all employers with ten or more full or part-time employees. It is non-competitive, except against established standards of both performance and workplace excellence. Organizations undergo a comprehensive evaluation process to be Star Trustmark registered. The organizations that earn a STAR Trustmark must demonstrate outstanding commitment to listen to their marketplace, staff, and clients/customers.
The participating organizations are assessed in the following areas:
- Trust in Senior Leaders
- People and management practices
- Service to others
- Open and honest communication between employees and managers
- Employee loyalty and retention
- Individual accountability and execution driving results as a team
- Employee growth and learning opportunities
ii. Standards. Two criteria determine if an organization will become a STAR Trustmark Workplace:
- Combined Average Score for all Participants (5 point agreement scale):
- Five Stars= 4.61 to 5.00
- Four Stars= 4.21 to 4.60
- Three Stars= 3.81 to 4.20
- Two Stars= 3.41 to 3.80
- One Star= 3.01 to 3.40
- Minimum Participation Requirements
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iii. Use of Trustmark and Publishing.
To use the Star Trustmark, organizations are required to:
- Register for rating where organization is located;
- Provide Workplace Stars with detailed registration information regarding organization’s demographic profile and contact information;
- Achieve a Star Trustmark score of at least 3.01 on a 5.0 scale and achieve the minimum participation rate;
- Agree to allow Workplace Stars to disclose key rating results online;
- Reapply every 12 months.
iv. No Endorsement. It is important to remember that an organization's participation in the Star Trustmark Program does not guarantee you will be satisfied with its product or service. It does not guarantee it is an excellent place to work now or in the future. Workplace Stars does not endorse any organization, product or service and participation in the Star Trustmark Program is not a guarantee by Workplace Stars of the organization's performance. Star Workplace participants have agreed to meet our program standards. As a matter of policy, Workplace Stars does not endorse any product, service or organization. Star Report information is provided solely to assist you in your own best judgment. The Star Report information is subject to change at any time.
4. Ownership; Use of Services
i. Your Grant. We do not claim ownership in any Content that you upload, provide, make available, or otherwise transfer (“post”) on the Services, but to be able to legally provide our Users with the Services, we have to have certain rights to use such Content in connection with the Services, as set forth below. In return, we also grant you certain use rights as set forth in Section 2 to the Content that we (or our licensors) own and use to provide the Services to you and other Users. By posting any Content on the Services, you hereby grant to us an unrestricted, irrevocable, perpetual, non-exclusive, fully-paid and royalty-free, license (with the right to sublicense through unlimited levels of sublicensees) to use, provide access to and share with service, corporate and community partners, copy, perform, display, create derivative works of, and distribute such Content in any and all media (now known or later developed) throughout the world. No compensation will be paid with respect to the Content that you post through the Services. You should only post Content to the Services that you are comfortable sharing with others under the terms and conditions set forth herein. By default, organization rating data appears on our Home page. If this option is deselected within the Client Panel/Profile Tab the organization information will not display on our home page, however, the organization's information will remain searchable on the site.
ii. Third Party Content. The Services contain Content provided by us and our licensors (“Workplace Stars Content”). We and our licensors (including other Users) own and retain all proprietary rights in the Workplace Stars Content and we own and retain all property rights in the Services. Provided you are a User, and subject to the terms and conditions of this Agreement, we hereby grant you a limited, revocable, non-sublicensable license under the intellectual property rights licensable by us to download, view, copy and print Workplace Stars Content from the Services solely for your personal use in connection with using the Services.
5. Compliance with Agreement and Laws
You also agree not to intentionally or unintentionally violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange, or the NASDAQ, and any regulations having the force of law.
Although Workplace Stars has no obligation to review the content provided by you or your use of the Member Panel, Client Panel, Audit Tool and all other tools, Workplace Stars may do so and may block any email messages and or terminate any use of the Audit Tool that Workplace Stars believes may be (or is alleged to be) in violation of the foregoing.
You also agree not to upload audit links to message boards or newsgroups without express permission.
6. Modifications to Service
Workplacestars.com 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 Workplacestars.com shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that Workplacestars.com has no responsibility or liability for the deletion or failure to store any survey data or other Content maintained or transmitted by the Service. You acknowledge that Workplacestars.com reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that Workplacestars.com reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
7. Third Parties and other Users
i. Services – Ownership and Restrictions. You acknowledge that all the intellectual property rights in the Services (excluding any Content provided by Users) are owned by Workplace Stars, or Workplace Stars licensors. You agree not to (a) reproduce, modify, publish, transmit, distribute, publicly perform or display, sell, or create derivative works based on the Services or the Workplace Stars Content and (b) rent, lease, loan, or sell access to the Services. “Content” means any work of authorship or information, including STAR Workplace, Trustmark Program & Reports, Employee or Manager Ratings, comments, opinions, postings, messages, text, files, images, photos, works of authorship, e-mail, or other materials.
ii. Workplace Stars Content. Content from other Users, advertisers, and other third parties is made available to you through the Services. Because we do not control such Content, (a) you agree that we are not responsible for any such Content, including advertising and information about third party products or service, workplace ratings, reports, employer ratings related information provided by other Members through Workplace Reviews and STAR Workplace and STAR Trustmark Program, and (b) we make no guarantees about the accuracy, currency, suitability, or quality of the information in such Content, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful Content made available by other Users, advertisers, and third parties.
iii. Responsibility. Your interactions with other Users on the Services or with advertisers, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the other User or advertiser. You agree that we are not responsible for any loss or damage incurred as the result of any such dealings or with respect to any other User's use or disclosure of information about you that you have provided to publicly available sections of the Services. If there is a dispute between you and any third party (including any User), we are under no obligation to become involved; however, we reserve the right, but have no obligation, to monitor disputes between you and other Users.
iv. STAR Member Community Interaction. You will not use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any User without their prior explicit consent. In order to protect our Members from such advertising or solicitation, we reserve the right to restrict the number of communications which a Member may send to other Members and the sharing of any Content in any period to a number and amount which we deem appropriate in our sole discretion.
8. Acceptable Use and Conduct
You are solely responsible for any and all Content that is posted through your Account on the Services and for your interactions with other Users.
i. Prohibited Content. You agree that you will not post any Prohibited Content or use any Prohibited Content in connection with the Services. “Prohibited Content” is Content that: (i) is offensive or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, or is pornographic or sexually explicit in nature; (ii) bullies, harasses or advocates stalking, bullying, or harassment of another person; (iii) involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, or “spamming,”; (iv) is false or misleading or promotes, endorses or furthers illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (v) promotes, copies, performs or distributes an illegal or unauthorized copy of another person's work that is protected by copyright or trade secret law, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer-installed copy-protection devices, or providing pirated music, videos, or movies, or links to such pirated music, videos, or movies; (vi) is involved in the exploitation of persons under the age of eighteen (18) in a sexual or violent manner, or solicits personal information from anyone under eighteen (18); (vii) provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses and other harmful code; (viii) solicits passwords or personally identifying information for commercial or unlawful purposes from other Users; (ix) except as expressly approved by us, involves commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, or pyramid schemes; (x) contains viruses, Trojan horses, worms, time bombs, cancelbots (known as robocancellers), corrupted files, or similar software; or (xi) otherwise violates the terms of this Agreement or creates liability for us.
ii. Representations Regarding Your Content. You represent and warrant that: (a) you own the Content posted by you on the Service or otherwise have the right to grant the license set forth in this Agreement, (b) your Content does not violate the privacy rights, publicity rights, copyright rights, or other rights of any person, (c) by providing your Content, you do not violate any confidentiality obligations you might have towards a third party, including your current or former employer, (d) any information you provide in the Workplace Reviews, STAR Workplace, STAR Trustmark Program and STAR Reports, Employee or Manager Ratings is correct, and (e) any information you provide about your current or past status as an employee of a certain employer is correct and complete. Please make sure that you only provide information to the Services that you are allowed to provide without violating any obligations you might have towards a third party, including any confidentiality obligations. Please do not provide any information that you are not allowed to share with others, including by contract or law; please note that any information you provide will be accessible by every User of the Services.
iv. Lawful Use. You will use the Services in a manner consistent with any and all applicable laws and regulations and solely for lawful purposes. The Services are for the personal use of Users only. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from your Content without notice and may result in suspension or termination of your Account.
v. No Disruption. You will not: (i) cover or obscure any banner advertisements on the Services, or any Workplace Stars page via HTML/CSS, scripting, or any other means, (ii) interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services; (iii) introduce software or automated agents to the Services, or access the Service so as to produce multiple accounts, generate automated messages, or to strip or mine data from the Services; or (iv) interfere with, disrupt, or modify any data or functionality of the Services.
vi. Miscellaneous. You will not attempt to impersonate another User or person, including any of our employees. You will use the Services in a manner consistent with any and all applicable laws and regulations.
9. Third-Party Websites
The Services may contain links to third-party websites (“Third-Party Websites”) (a) placed by us as a service to those interested in this information; or (b) posted by other Members. You use all such links to Third-Party Websites at your own risk. We do not monitor or have any control over, and make no claim or representation regarding Third-Party Websites. To the extent such links are provided by us, they are provided only as a convenience, and such link to a Third-Party Website does not imply our endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Website. When you leave the Site, our terms and policies no longer govern.
10. Digital Millennium Copyright Act Compliance
If you believe that any materials posted on this website by others infringe on the copyrights of another party, please contact us. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers. Please send a written notice describing the infringement to our designated agent at the following address:
Workplace Stars, LLC
205 Corey Place
Huntington Manor, NY 11746
Workplace Stars, LLC
205 Corey Place
Huntington Manor, NY 11746
Your notice must include the following:
- A physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of an exclusive right that is allegedly being infringed;
- Identification of the copyrighted work claimed to have been infringed or, if the claim involves multiple works at a single online site, a representative list of such works at the site;
- Identification of the allegedly infringing material on the Workplacestars.com website, and information reasonably sufficient to permit us to locate such material on our website;
- Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, or, if available, an e-mail address;
- A statement that the complaining party has a good faith belief that use of the materials in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notice is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
We are not responsible for any incorrect or inaccurate Content (including any information in profiles) posted on the Services, whether caused by Users or by any of the equipment or programming associated with or utilized in the Services. We are not responsible for the conduct, whether online or offline, of any User of the Services. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communication with other Users. We are not responsible for any problems or technical malfunction of any hardware and software due to technical problems on the Internet or at the Site or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the Services. Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of the Services or from any Content posted on the Site or transmitted to Users, or any interactions between Users of the Services, whether online or offline.
The Services are provided “As-Is” and as available. We expressly disclaim any warranties and conditions of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that: (a) the Services will meet your requirements; (b) the Services will be available on an uninterrupted, timely, secure, or error-free basis; or (c) the results that may be obtained from the use of the Services will be accurate or reliable.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
12. Limitation on Liability
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WORKPLACESTARS.COM SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE WORKPLACESTARS.COM SITES/SERVICES AND TO THE INFORMATION THEREIN. WORKPLACESTARS.COM AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN WORKPLACESTARS.COM SITES/SERVICES AT ANY TIME.
WORKPLACESTARS.COM CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE WORKPLACESTARS.COM SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WORKPLACESTARS.COM AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT WORKPLACESTARS.COM SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH A WORKPLACESTARS.COM SITE/SERVICE. YOU SPECIFICALLY AGREE THAT WORKPLACESTARS.COM IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT WORKPLACESTARS.COM IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A WORKPLACESTARS.COM SITE/SERVICE BY ANY THIRD PARTY.
In no event shall we be liable to you or any third party for any lost profit or any indirect, consequential, exemplary, incidental, special or punitive damages arising from your use of the Services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to your use of the Services (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of fifty U.S. Dollars ($50) and the amounts you paid to us in the twelve (12) months prior to the accrual of the claim.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental of consequential damages, so the above limitation or exclusion may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.
i. Amendments. This Agreement may be modified by us from time to time. If we make material changes to the Agreement, we will notify you by sending an e-mail to your e-mail address, as specified in your Account. You agree that such amended Agreement will be effective thirty (30) days after being sent to you, and your continued use of the Services after that time shall constitute your acceptance of the amended Agreement.
ii. Force Majeure. Any delay in the performance of any duties or obligations of either party will not be considered a breach of this Agreement if such delay is caused by a labor dispute, shortage of materials, fire, earthquake, flood, war, terrorism, governmental act, failures of common carriers (including Internet service providers), acts of God, or any other event beyond the control of such party, provided that such party uses reasonable efforts, under the circumstances, to notify the other party of the circumstances causing the delay and to resume performance as soon as possible.
iii. Release. To the maximum extent permitted by applicable law, you hereby release us, our officers, employees, agents and successors from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from (i) any interactions with other Users, or (ii) your participation in any of our offline events.
iv. Survival. The provisions under Sections 2, 4, 3, 6, 7, 8, and 9 will survive expiration or termination of this Agreement for any reason.
v. Indemnity. You agree to defend, indemnify, and hold us, our subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your use of the Services and arising from your breach of any provision of this Agreement.
This Agreement shall be governed by the laws of the State of New York without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. Workplace Stars is headquartered in Huntington Manor, NY. By using this Website, you agree that the exclusive forum for the bringing of any claims or causes of action arising out of or relating to your use of this Website is the appropriate United States District Court for the Central District of New York, or if such court lacks subject matter jurisdiction, the Circuit Court of Suffolk County, New York.
You hereby accept and submit to the jurisdiction of such court in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.
Any claim or dispute in connection with this Agreement shall be resolved in a cost effective manner through binding non-appearance-based arbitration. The arbitration shall be initiated through an established alternative dispute resolution provider mutually agreed upon by the parties. The alternative dispute resolution provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction.
vi. Other. This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect; as used in the Agreement, the word “including” means “including but not limited to”. Please contact us with any questions regarding this Agreement by e-mailing us at: firstname.lastname@example.org
vii. Copyright/Trademark Information. Copyright © 2008-12, Workplace Stars, LLC. All rights reserved. The trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Mark.