Last Updated on: 1 November 2021
THE R2WP PORTAL TERMS OF USE ARE TERMS AND CONDITIONS FOR USERS OF OUR PORTAL.
BY REGISTERING OR ACCESSING A PORTAL ACCOUNT, YOU INDICATE YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE R2WP PORTAL TERMS OF USE.
YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND HAVE THE FULL RIGHT, POWER, AND AUTHORITY TO ENTER INTO PORTAL TERMS OF USE ON BEHALF OF A LEGAL ENTITY, THAT THE R2WP PORTAL TERMS OF USE HAS BEEN AUTHORIZED BY A LEGAL ENTITY, AND THAT THIS AGREEMENT WILL CONSTITUTE THE LEGAL, VALID, AND BINDING OBLIGATION OF SUCH LEGAL ENTITY, ENFORCEABLE AGAINST SUCH LEGAL ENTITY, IN ACCORDANCE WITH THE R2WP PORTAL TERMS OF USE.
IF YOU ARE AN AGENT OF, REPRESENT, OR OTHERWISE ACT ON BEHALF OF AN ENTITY OR ANY OTHER PERSON, REFERENCES TO “YOU,” OR “YOUR” SHALL INCLUDE SUCH LEGAL ENTITY IN ADDITION TO YOU, AND YOUR ACCEPTANCE OF THE R2WP PORTAL TERMS OF USE SHALL CONSTITUTE ACCEPTANCE ON BEHALF OF SUCH LEGAL ENTITY OR PERSON AND YOUR REPRESENTATION THAT YOU HAVE THE AUTHORITY TO BIND SUCH LEGAL ENTITY TO THE R2WP PORTAL TERMS OF USE.
IF YOU DO NOT AGREE TO THE R2WP PORTAL TERMS OF USE, YOU MAY NOT USE OR OTHERWISE CREATE, REGISTER OR ACCESS A PORTAL ACCOUNT, POST OR DOWNLOAD PORTAL CONTENT OR ANY OTHER INFORMATION TO OR FROM THE PORTAL ACCOUNT. YOUR USE OF THE WEBSITE IS SUBJECT TO YOUR PRIOR AND CONTINUED ACCEPTANCE OF THESE TERMS, AS WELL AS THE R2WP WEBSITE TERMS OF USE AND THE R2WP PRIVACY POLICY.
The R2WP Portal Terms of Use (“Portal Terms”) are 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,” or “R2WP”) and You.
We own and operate myjobdescriptions.com and r2wp.com (collectively called “Website”). We have adopted these Portal Terms to make you aware of the terms and conditions of your use of the Portal account and any Content or Portal Content. “Content” means information, text, graphics, logos, images, and audio clips or other material provided by R2WP or third parties. “Portal Content” means Content provided by R2WP via the Website. For purposes of these Portal Terms, references to “post” or “posting” shall refer to any manner of posting, transmitting, uploading, providing, making available or otherwise transferring material or information. “Portal Account” means an online account that you create through our Website so you can access the Portal Content. For the avoidance of any doubt, your use of Portal Account is subject to you paying us the associated fees to use Portal Account and access Portal Content.
R2WP reserves the right, at its discretion, to change, modify, add or remove portions of these Portal Terms at any time by posting such changes to this Website. You understand that you have the affirmative obligation to check these Portal Terms periodically for changes, and you hereby agree to periodically review these Portal Terms for such changes. The continued use of the Website following the posting of any such modifications to these Website Terms will constitute your acceptance of such changes.
Grant of Rights.
R2WP may provide certain services or the Portal Content once you have completed the Pre-Registration Process. “Pre-Registration Process” means (a) you have received pre-authorization from us to create A Portal Account (b) you have created a Portal Account by selecting and/or receiving a username and password.
Once your Pre-Registration Process has been completed, R2WP grants you a limited, non-exclusive, nonassignable, nontransferable license to use Portal Account and access Portal Content solely for the noncommercial, internal business needs of the entity of which you are an authorized representative, as the case may be, and subject to your agreement to, compliance with and satisfaction of these Portal Terms.
Restrictions on Use.
Portal Account Credentials. Please note that your Portal Account is a business account for your company, and you (as an authorized representative of your company) will not share your Portal Account or allow any other person to utilize your Portal Account. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password. You agree to immediately notify R2WP in the event (a) your registration information changes or (b) you learn of or have reason to suspect any unauthorized use of your account or login credentials or any other breach of Website security. You also agree that you will provide truthful and accurate information during the registration process. R2WP may refuse to grant a particular username to you for any reason, including, without limitation, in the event R2WP determines that such username impersonates someone else, is protected by trademark or other proprietary right law or is vulgar or otherwise offensive. You are solely responsible for any and all acts and omissions that occur under your account or password.
Restrictions on Your Portal Account Use.
You agree not to engage in unacceptable use of the Portal Account, which includes, without limitation:
(a) use of the Portal Account to post, store or disseminate material or information that, is or to a reasonable person may be false, fraudulent, unlawful, harmful, tortious, abusive, obscene, pornographic, defamatory, libelous, harassing, invasive of another’s privacy, offensive, vulgar, threatening, malicious, hateful or racially, ethnically or otherwise objectionable;
(b) use of the Portal Account to post, store, or disseminate content, files, graphics, software or other material or information that actually or potentially infringes the rights of any person, including, without limitation, the copyright, trademark, patent, trade secret or other intellectual property rights, or privacy, moral or publicity rights, of any person;
(c) use of the Portal Account to post, store or disseminate any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or other fraudulent schemes, or any other form of solicitation;
(d) use of any manual or automated software, devices or other processes to “crawl” or “spider” any web pages contained in the Portal Account (including, without limitation, the use of robots, bots, spiders, scrapers or any other means to extract pricing, product, service, or other data from the Website);
(e) use of the Portal Account to gain competitive intelligence about R2WP or to otherwise compete with R2WP or its subsidiaries and affiliated companies;
(f) framing or otherwise simulating the appearance or functions of the Portal Account or any portion thereof;
(g) harvesting or otherwise collecting any information about other users, including, without limitation, email addresses or other contact information of other users; or
(h) use of the Portal Account to engage in any activity that, as determined by R2WP, may intentionally or unintentionally violate these Portal Terms, violate any applicable laws or regulations or conflict with the spirit or intent of these Portal Terms.
Term and Termination.
You agree that R2WP may, with Cause, immediately suspend and/or terminate your access to the Portal Account. “Cause” means (a) breaches or violations of these Portal Terms or (b) engagement by you in fraudulent or illegal activities in connection with your use of your Portal Account. You may terminate these Portal Terms at any time by immediately discontinuing all access to the Website and by providing notice to R2WP of such discontinuance.
Termination or cancellation of these Terms shall not affect any right or relief to which R2WP may be entitled at law or in equity. Upon termination of these Portal Terms, you shall terminate all use of the Portal Account and any Portal Content provided thereby. In the event of termination, you will not be entitled to any refund of any fees or other charges, if any, paid in connection with access to the Portal Account.
Property Rights.
Our Intellectual Property Rights. Unless otherwise specifically noted in these Portal 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 Portal 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.
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 users 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 the copyrighted work that you claim has been infringed;
- 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 Terms or Portal Terms, (b) infringement or misappropriation of any intellectual property or other rights of R2WP or third parties by you, or (c) any gross negligence or willful misconduct by you.
Disclaimers.
Use of the Website, Content, and Portal Content. You acknowledge and agree that R2WP makes no representation that the Website, Content, Portal Content, or other material or information on the Website is appropriate to or available in locations outside of the United States. Any expenses that you incur in furtherance of these Portal Terms are voluntary in nature and are made with the knowledge that these Portal Terms may be terminated as provided herein. You shall not make a claim against R2WP, and R2WP shall not be liable with respect to the recoupment of any expenditures or investment made by you in anticipation of the continuation of these Portal Terms beyond the term hereof.
Additional Disclaimers. EXCEPT OTHERWISE STATED IN THESE PORTAL TERMS, THE PORTAL ACCOUNT 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 PORTAL ACCOUNT OR PORTAL 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.
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. IN ANY CASE, OUR AGGREGATE LIABILITY UNDER THESE PORTAL TERMS SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO US HEREUNDER FOR USE OF THE PORTAL ACCOUNT DURING THE TWELVE (12) MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION AROSE.
Governing Law and Other Miscellaneous Terms.
Governing Law. The validity and effect of these Portal 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 law.
Export Law. You may not use the Portal Account 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.
Injunctive Relief. The parties agree that breach of these Portal Terms would cause irreparable harm and significant injury to R2WP which would be both difficult to ascertain and which would not be compensable by damages alone. As such, the Parties agree that R2WP has the right to enforce these Portal Terms by injunction, specific performance, or other equitable relief without prejudice to any other rights and remedies R2WP may have for your breach of these Portal Terms.
Heading. The captions and headings of these Portal Terms are included for ease of reference only and will be disregarded in interpreting and construing these Portal Terms.
Force Majeure. If the performance of any part of these Portal 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 Portal 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 Portal 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 Portal Terms that, by its content, are intended to survive the expiration or termination of these Portal Terms.
Complete Agreement. These Portal 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 Portal Account via the Website.
