Last Revised: 27-January-2024
One Wolf Inc. ("Wolf") provides a proprietary electronic platform for on-demand staffing and workforce management and related products and services to its clients (each a, "Client"). This Privacy Policy describes how your personal information is collected, used, shared and safeguarded when you access Wolf's mobile applications, websites, services or products (collectively, the "Platform"). Any personal information that you provide to a Client via the Platform is collected on behalf of and for the sole benefit of the applicable Client(s) and is subject to their privacy and security practices and policies. Wolf does not process or disclose your personal information for any purpose other than to provide its services to Clients.
Please read this Privacy Policy carefully. By using the Platform, you consent to the collection and use of your personal information by us as set out in this Privacy Policy. IF YOU DO NOT AGREE WITH THE TERMS OF THIS PRIVACY POLICY, YOU ARE NOT PERMITTED TO USE OR ACCESS THE PLATFORM
When you interact with the Platform, we may automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you use the Platform, we may collect information about the individual web pages that you view, what websites or search terms referred you to the Platform, and information about how you interact with the Platform. We refer to this automatically collected information as "Device Information."
We collect Device Information using the following technologies:Additionally, we may collect certain personal information that you provide to us or Client(s) via the Platform from time to time, such as your name or email address.
You are under no obligation to provide us with personal information of any kind, however your refusal to do so may prevent you from using certain features of the Platform.
We and our service providers use personal information for our legitimate business purposes, including those specifically described below. We engage in these activities to manage our contractual relationship with you, to comply with a legal obligation and/or because we have a legitimate business interest.
We use the personal information that we collect generally to fulfill any requests made through the Platform. Additionally, we use personal information to communicate with you, personalize your experience on the Platform, and, when in line with the preferences you have shared with us, provide you with information or advertising relating to Wolf and/or Client(s), which may include their products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize the Platform (for example, by generating analytics about how our users browse and interact with the Platform.
We may share your personal information with third parties to help us use your personal information to provide the Platform, as described above. We may share your personal information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates may include a parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us. We may share your personal information with advisors and actual and potential investors for the purpose of conducting general business analysis. If we reorganize or sell all or a portion of our assets, undergo a merger or are acquired by another entity, we may transfer your personal information to the successor entity. If we go out of business or enter bankruptcy, your personal information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline to honor commitments we made in this Privacy Policy. Finally, we may also share your personal information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our rights.
Text Messaging Compliance: No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All other categories of data sharing exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
Most web browsers and some mobile operating systems include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will revise this Privacy Policy accordingly.
Your personal information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Platform you consent to the transfer of information to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal information.
We respect your rights with respect to your personal information, including: the right to be informed, the right of access, the right of rectification, the right to erasure, the right to restrict processing, the right to data portability, and the right to object. Accordingly, if you would like to exercise your rights with respect to the personal information we have collected from you, including to request deletion, updating/correction or access, you can send an email to us at privacy@fromwolf.com. If you request deletion of your personal information, we will delete your personal information from our active databases following receipt of your verified request; provided, however, that some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our terms of use, and/or comply with legal requirements, and, when we are processing your personal information as a service provider on behalf of a Client, we may submit your request to the Client and follow its lawful instructions with respect to your request.
If you no longer wish to receive communications (including, without limitation, email and SMS/MMS messages) from us, you may opt-out by emailing us at privacy@fromwolf.com. If you no longer wish to receive communications (including, without limitation, email and SMS/MMS messages) from a third party (including Client(s)), you are responsible for contacting the third party directly.
We will retain your personal information for as long as needed or permitted in light of the purpose(s) for which it was obtained. The criteria used to determine our retention periods include the length of time we have an ongoing relationship with you, when we have a legal obligation to which we are subject, or as advisable in light of legal requirements.
The Platform may contain links to third party websites and applications of interest that are not affiliated with us. Once you have used these links to leave the Platform, any information you provide to these third parties is not covered by this Privacy Policy, and we cannot protect the safety and privacy of information that you provide to a third party outside of the Platform. Before visiting and providing any information to any third party websites or applications, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website or application, and should take those steps necessary to, in your discretion, protect the privacy of your personal information. We are not responsible for the content or privacy and security practices and policies of any third parties (including Client(s)), including other sites, services or applications that may be linked to or from the Platform.
We use administrative, technical and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information to us.
We reserve the right to make changes to this Privacy Policy at any time and for any reason. We will alert you about any changes by updating the "Last Revised" date at the top of this Privacy Policy. Any changes or modifications will be effective immediately upon posting the updated Privacy Policy on the Platform, and you waive the right to receive specific notice of each such change or modification. You are encouraged to periodically review this Privacy Policy to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Privacy Policy by your continued use of the Platform after the date such revised Privacy Policy is posted.
The Platform is not intended for individuals under 18 years of age. We do not knowingly solicit information from or market to individuals under 18 years of age. If you become aware of any data we have collected from individuals under 18 years of age, please contact us using the contact information provided below.
Under the California Consumer Privacy Act of 2018 ("CCPA"), Wolf is a "service provider" of the applicable Client(s), which may be a "business" covered by the CCPA. As a "service provider", Wolf processes your personal information in order to provide its services to the Client(s), and in order to facilitate your interactions with the Client(s). To learn more about rights that you may have under the CCPA, such as the right to request information about the types of your personal information that has been collected, the right to request that your personal information be deleted, and the right to opt-out of the sale of your personal information, please contact the applicable Client(s).
Wolf and the Platform comply with the CCPA and other applicable laws. If you'd like to make a request to Wolf regarding your personal information, please contact us by e-mail at privacy@fromwolf.com, and we will try to accommodate your request unless we are prevented from doing so as a result of applicable law or a significant legitimate interest of Wolf. Please also note that, depending on the nature of your request, the fulfillment of your request may hinder or prevent Wolf's ability to provide you with certain features and functionalities of the Platform.
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at privacy@fromwolf.com or by mail using the details provided below:
One Wolf Inc., 33 Park Place, New York, NY, 10007
Terms and Conditions and Privacy Policy
Last Revised: 19-April-2023
W. W. Staffing Solutions, Inc., d/b/a Weed Workforce (“Weed Workforce” or “we”) provides a proprietary electronic platform for on-demand staffing and workforce management and related products and services (accessible at https://app.weedworkforce.com) to which these Terms and Conditions and Privacy Policy (these “Terms”) apply. These Terms describe the terms and conditions which govern your use of the mobile applications, websites, services or products made available by Weed Workforce (collectively, the "Platform") and how your personal information is collected, used, shared and safeguarded when you access and/or use the Platform.
ACCEPTANCE OF THESE TERMS
Please read these Terms carefully before you begin using the Platform. By using the Platform, you (1) accept and agree to be bound by these Terms and (2) consent to the collection and use of your personal information by Weed Workforce as set out in these Terms. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THESE TERMS, YOU ARE NOT PERMITTED TO USE OR ACCESS THE PLATFORM.
These Terms are entered into by and between you us with respect to the Platform and all services, tools, and resources provided by or accessible through the Platform. The Terms govern your access to and use of the Platform and any related applications connected with the Platform, our websites or apps otherwise used or made available by us, whether as a guest, a registered worker, or a registered company.
This Platform is offered and available only to users who are 21 years of age or older. By using this Platform, you represent and warrant that you are at least 21-years-old. If you are not, you must not access or use the Platform. If you become aware of any data we have collected from individuals under 21 years of age, please contact us using the contact information provided below.
PRIVACY POLICY
Any personal information that you provide to Weed Workforce via the Platform is collected on behalf of and for the sole benefit of Weed Workforce and is subject to the privacy and security practices and policies detailed in these Terms. We do not process or disclose your personal information for any purpose other than to provide the services offered by and through the Platform.
Personal Information We Collect
When you interact with the Platform, we may automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies (defined below) that are installed on your device. Additionally, as you use the Platform, we may collect information about the individual web pages that you view, what websites or search terms referred you to the Platform, and information about how you interact with the Platform. We refer to this automatically collected information as "Device Information."
We collect Device Information using the following technologies:
Additionally, we may collect certain personal information that you provide to us via the Platform from time to time, such as your name, email address, a copy of your Cannabis Establishment license or Cannabis Control Board employee ID card, and your credit card or bank routing/ACH/EFT information.
You are under no obligation to provide us with personal information of any kind. However your refusal to do so may prevent you from using certain features of the Platform, including but not limited to the ability to post positions to the Platform and to be retained as an independent contractor via the Platform.
How Do We Use Your Personal Information?
Weed Workforce and our service providers use personal information for our legitimate business purposes, including those specifically described below. These services include performing the services offered by the Platform, complying with legal obligations and/or serving our legitimate business interests. We use the personal information that we collect generally to fulfill any requests made through the Platform. Additionally, we use personal information to communicate with you, personalize your experience on the Platform, and, when in line with the preferences you have shared with us, provide you with information or advertising relating to Weed Workforce, which may include its products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize the Platform (for example, by generating analytics about how our users browse and interact with the Platform).
Sharing Your Personal Information
We may share your personal information with third parties to help us use your personal information to provide the Platform, as described above. We may share your personal information with our affiliates, in which case we will require those affiliates to honor these Terms. Affiliates may include a parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us. We may share anonymized data generated from your personal information with advisors and actual and potential investors for the purpose of conducting general business analysis. If we reorganize or sell all or a portion of our assets, undergo a merger or are acquired by another entity, we may transfer your personal information to the successor entity, provided that the successor entity agrees to be bound by these Terms. If we go out of business or enter bankruptcy, your personal information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline to honor commitments we made in these Terms. Finally, we may also share your personal information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our legal rights.
Do Not Track
Most web browsers and some mobile operating systems include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will revise these Terms accordingly.
Jurisdiction and Cross-Border Transfer
Your personal information may be stored and processed in any country where the software developer that we utilize, One Wolf, Inc. (“Wolf”) has facilities or in which Wolf engages service providers, and by using the Platform you consent to the transfer of information to countries outside of your country of residence, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal information.
Rights and Options Regarding Your Personal Information
We respect your rights with respect to your personal information, including: the right to be informed, the right of access, the right of rectification, the right to erasure, the right to restrict processing, the right to data portability, and the right to object. Accordingly, if you would like to exercise your rights with respect to the personal information we have collected from you, including to request deletion, updating/correction or access, you can send an email to us at accounts@wwstaffingsolutions.com. If you request deletion of your personal information, we will delete your personal information from the Platform and our active databases and records following receipt of your verified request. Notwithstanding the foregoing, we may retain or delay the deletion of such information (a) as is required to process payments owed to you or from you to us and to comply with our tax reporting obligations with respect thereto; (b) to prevent fraud; (c) troubleshoot problems; (d) assist with any investigations; (e) enforce these Terms; and/or (f) comply with legal requirements. You understand that deleting your information from the Platform and/or databases and records is likely to limit or even eliminate your ability to use the Platform.
Emails and Other Communications
If you no longer wish to receive communications (including, without limitation, email and SMS/MMS messages) from us, you may opt-out by emailing us at accounts@wwstaffingsolutions.com. You understand that opting out of emails may limit or even eliminate your ability to use the Platform.
Data Retention
We will retain your personal information for as long as needed or permitted in light of the purpose(s) for which it was obtained. The criteria used to determine our retention periods include the length of time we have an ongoing relationship with you, when we have a legal obligation to which we are subject, or as advisable in light of legal requirements.
Third Party Websites
The Platform may contain links to third party websites and applications of interest that are not affiliated with us. Once you have used these links to leave the Platform, any information you provide to these third parties is not covered by these Terms, and we cannot protect the safety and privacy of information that you provide to a third party outside of the Platform. Before visiting and providing any information to any third party websites or applications, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website or application, and should take those steps necessary to, in your discretion, protect the privacy of your personal information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Platform.
Security of Your Personal Information and Disclaimer of Related Warranties
We use administrative, technical and physical security measures to help protect your personal information.
While we take reasonable, industry-standard steps to secure the personal information you provide to us, please be aware that despite our efforts no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information to us.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Platform for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY PLATFORM LINKED TO IT.
California Residents
Under the California Consumer Privacy Act of 2018 ("CCPA"), Wolf is a "service provider" of Weed Workforce, which may be a "business" covered by the CCPA. As a "service provider", Wolf processes your personal information in order to provide its services to Weed Workforce, and in order to facilitate your interactions with Weed Workforce. To learn more about rights that you may have under the CCPA, such as the right to request information about the types of your personal information that has been collected, the right to request that your personal information be deleted, and the right to opt-out of the sale of your personal information, please contact us at accounts@wwstaffingsolutions.com.
Weed Workforce, Wolf, and the Platform comply with the CCPA and other applicable laws. If you would like to make a request regarding your personal information, please contact us by e-mail at accounts@wwstaffingsolutions.com, and we will try to accommodate your request unless we are prevented from doing so as a result of applicable law or a significant legitimate interest of Weed Workforce. Please also note that, depending on the nature of your request, the fulfillment of your request may hinder or prevent our ability to provide you with certain features and functionalities of the Platform.
TERMS AND CONDITIONS OF USE
Certain portions of the following Terms and Conditions of Use apply only to persons which access or utilize the Platform on behalf of businesses, not to individuals who access or utilize the Platform solely on their own behalf. Those terms are located under the subheading Business User Terms.
Business User Terms
The following terms apply only to business users of the Platform, not to persons who intend to or do use the Platform to seek positions as independent contractors. In the event any individual uses the Platform as both a representative of a business user and in their capacity as an individual, the Business User Terms shall apply only to the business use.
Weed Workforce has caused the development of the Platform as a tool to connect Vermont-licensed cannabis businesses with freelance workers who may be able to work as independent contractors for such businesses. You, the business user, are interested in using the Platform to locate and potentially retain independent contractors to use in your business operations.
Provision of the Platform to Business Users
Weed Workforce agrees to provide business users who become Weed Workforce’s clients (collectively, “Clients” or singly a “Client”) with the right to set up a business account in the Platform and to use all functions available to business users in exchange for Client’s payment of all fees due to Weed Workforce under the Business User Terms. For purposes of the Business User Terms section of these Terms, Weed Workforce and Clients are sometimes referred to collectively as the “Parties” or singly as a “Party”.
Fees for use of the Platform shall be based upon the payment for the independent contractor positions which Client fills through the Platform (each, a “Position”). Client shall pay Weed Workforce via the Platform a fee equal to twenty percent (20%) of the amount which Client intends to pay to each independent contractor retained for a Position at the time of retaining an independent contractor for that position. Each person who is so retained and all other persons who use the Platform to find independent contractor positions are known in the Business User Terms section of these Terms as “Workers”. No refund shall be due to Client if Client retains a Worker and the Worker does not work for the full time intended.
Beginning of Services
Client’s access to the Platform shall begin on a date mutually agreed by the Parties.
Term and Termination
The Terms shall remain applicable until the later of when either Party notifies the other that it no longer wishes to have a business relationship or when the Client stops using the Platform. The Parties’ business relationship may be terminated by either Party upon at least thirty (30) days’ advance written notice to the other Party, provided that such termination notice must state the date on which the termination shall take effect. On the termination effective date (the “Termination Date”), Client will no longer have access to the Platform. If Client continues to use the Platform after the Termination Date, Client shall be deemed to have extended the Parties’ business relationship for the duration of such continued use. Client shall make all necessary arrangements to save or download its profile and job information from the Platform prior to the Termination Date. As and after the Termination Date, Client may only use information Client accessed in the Platform about Workers to (a) complete the Positions, and (b) in accordance with the terms of the Finder’s Fee section of these Terms.
Functionality of the Platform.
The Platform is designed to provide Client and other Vermont-licensed cannabis businesses with information about and ways to reach potential candidates for independent contractor positions. Before allowing Workers to use the Platform, Weed Workforce requires all Workers to agree that they shall provide accurate information about themselves and update their information anytime that it changes, including but not limited to changes to such Workers’ Cannabis Control Board employee ID cards. Client understands and agrees that although Weed Workforce may choose to contact Workers about their profile information and/or take certain steps to verify the information provided by Workers, Weed Workforce is under no obligation to do so, expressly disclaims any obligation to do so, and shall bear no responsibility for the accuracy of information provided by Workers. Client further understands and agrees that Weed Workforce does not guarantee that Client will find suitable Workers through the Platform or will be able to retain sufficient Workers through the use of the Platform to meet Client’s business needs.
Permitted Uses of the Platform by Clients
Client understands and agrees that the Platform is intended only to be used to fill independent contractor positions at Client’s business, which is known in these Business User Terms as the “Permitted Purpose”. Client shall not use the Platform for any reason besides the Permitted Purpose, including on behalf of any other person, entity, or company, or provide names, contact information, or other information learned about Workers to third parties, except to Client’s own advisors to the extent required to provide services to Client, provided that said advisors may not provide the information to others and may not use the information to locate, contact, and/or retain the Workers for itself, themselves, or for others. Client understands and agrees that it may not engage in any form of unlawful discrimination in the process used to retain Workers through the Platform, including but not limited to discrimination on the basis of race, ethnicity, national origin, gender, sexual orientation, gender identity, age, religion, or any other characteristic protected by state or federal law, and that any violations of the foregoing obligations by Client fall outside of the Permitted Purpose. Client further agrees that it shall not post or make available on or through the Platform any derogatory or defamatory content or intellectual property of any third parties for which Client does not hold the necessary license(s) to do the same.
Availability
Weed Workforce shall take reasonable steps to ensure that the Platform is available at all times, but cannot and does not guarantee that the Platform will be available at all times. Weed Workforce shall provide at least one (1) day’s advance written notice to Client of planned outages to the Platform, and shall, to the extent possible, take reasonable steps to notify Client of unplanned outages as they occur. In no event shall Client be entitled to a refund, service credit, or proration of fees due to scheduled or unplanned outages of the Platform.
Security
Client shall receive one username and password for the Platform (its “User Credentials”) and agrees to only provide its Users Credentials to Client employees who are authorized to use the same and who shall use the same in accordance with these Terms. Client agrees that all such employees shall keep the User Credentials private, and shall not share the same with anyone. Client shall notify Weed Workforce as soon as reasonably practicable if Client suspects or becomes aware of unauthorized access to the Platform by or through its User Credentials. Client agrees that neither it nor any of its authorized users shall use, introduce, or upload any software, hardware or other technology, device or means, including any virus, worm, malware, Trojan horse, or other malicious computer code, the purpose or effect of which is to permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in the Platform in any manner or limit or prevent access to the Platform by any authorized user. Client further agrees that neither it nor any of its authorized users shall attempt to do any of the foregoing or request, induce, or attempt to induce any third party to do any of the foregoing. Weed Workforce shall employ industry-standard practices to protect the security of information that Client provides in or through the Platform, but cannot guarantee absolute security. In the event of a known or suspected breach of the Platform or other event that does or may compromise Client information, Weed Workforce shall notify Client as soon as reasonably practical and shall take industry-standard steps to mitigate the harms and prevent recurrence of similar situations.
Weed Workforce Representations and Warranties
Weed Workforce represents and warrants that:
(a) it either (i) owns all computer code and other intellectual property used to build the Platform and displayed in or available to Client in the Platform, except content posted or populated by Workers, or (ii) has and shall for the duration of these Terms maintain valid licenses entitling it to use all such intellectual property; and
(b) shall perform all services pursuant to these Business User Terms in a workmanlike manner.
Weed Workforce provides no warranties which are not specifically enumerated in these Terms and expressly disclaims all other warranties, including the warranties of merchantability and fitness for a particular purpose.
Weed Workforce shall indemnify, defend, and hold Client harmless for any claims, actions, and damages arising out of any breach or alleged breach of Section (a) of the Weed Workforce Representations and Warranties. The maximum amount of damages payable by Weed Workforce to fulfill the foregoing obligations shall not exceed the amount paid or payable by Client to Weed Workforce for the twelve (12)-month period preceding the indemnification claim.
Client Representations and Warranties
Client represents and warrants that it shall:
(a) use the Platform only for the Permitted Purpose, which, for the avoidance of doubt, does not include or permit any unlawful discrimination;
(b) only grant access to the User Credentials as permitted by these Business User Terms and any written addenda which the Parties may attach hereto; and
(c) not upload, use, or otherwise add to or make available in the Platform the logos, names, trademarks, trade names, trade dress, copyrighted or copyrightable materials, or any other intellectual property of third parties, whether the same is or may be eligible for legal registration and/or protection as intellectual property, unless Client holds and, for the duration of such use, maintains valid licenses from the applicable intellectual property owners which permit Client to use such intellectual property.
Client shall indemnify, defend, and hold Weed Workforce harmless for any claims, actions, and damages arising of any breach or alleged breach these Client Representations and Warranties.
Force Majeure
In the event that either Party is delayed, hindered in, or prevented from the performance of any act required under these Business User Terms by reason of strikes, lock-outs, labor troubles, inability to procure materials, power failure, restrictive governmental laws or regulations, riots, insurrection, war, or other reason beyond its reasonable control (including the act, failure to act, or default of the other Party), then performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay.
Finder’s Fee
These Terms shall not limit Client’s ability to hire Workers directly outside of the Platform or Workers’ ability to become employees of Client or independent contractors outside of the Platform, provided that Client abides by the terms of this Finder’s Fee section of the Terms in connection with any such outside hiring or retention. If, within six (6) months of the last date on which Client logged into or otherwise used the Platform (the “Buy-Out Period”), Client wishes to hire a Worker directly outside of the Platform for any position, including full-time, part-time, seasonal, or contract employment, or to retain the Worker as an independent contractor outside of the Platform, Client must first contact and obtain the consent of Weed Workforce, which consent shall be conditioned on Client paying the Finder’s Fee due under the Finder’s Fee Schedule below to Weed Workforce and such other terms as may be hereafter determined by Weed Workforce. The Parties agree that it would be difficult if not impossible to determine the amount of damages resulting from any violation of this Finder’s Fee section of the Terms and therefore agree that in the event of any violation of this section, Client shall pay Weed Workforce, as liquidated damages, an amount equal to the largest of the annualized wages, salary, or other monetary compensation which it offers, agrees to pay and/or actually pays to the Worker, it being understood that annualizing shall require the calculation of how much the Worker would be paid if the Worker worked for Client for one (1) year at the same rate at which Client hired Worker as an employee or retained Workers as an independent contractor outside of the Platform. If Client pays the Finder’s Fee to Weed Workforce and the Worker either does not accept the offer of employment or outside work or never performs any work, then Weed Workforce shall refund the Finder’s Fee to Client. However, if the Worker does ultimately work for Client in such outside capacity within the Buy-Out Period, Client must repay the Finder’s Fee in full to Weed Workforce, including any upward adjustments if Client agrees to pay the Worker more than Client had agreed to at the time of initially paying the Finder’s Fee to Weed Workforce.
Finder’s Fee Schedule
Each Client will pay the following fee for each Worker that Client (or any of its affiliates) employs in any capacity within 6 months after the Client’s most recent Platform activity as described under the “Finder’s Fee” section above:
Fee: 20% of the Worker’s annualized salary. For purposes of these Terms, an annualized salary is calculated using 2,080 hours multiplied by the employee’s base platform hourly rate.
Assignment
Neither Party to these Business User Terms may assign its rights or obligations hereunder without the express written consent of the other Party.
Successors and Assigns
These Business User Terms shall be binding upon and inure to the benefit of the Parties hereto and, subject to the other provisions of this Business User Terms, on their respective successors and assigns. Nothing expressed or referred to in these Business User Terms will be construed to give any person or entity other than the Parties to these Business User Terms any legal or equitable right, remedy, or claim under or with respect to these Business User Terms or any provision of these Business User Terms, except such rights as shall inure to a successor or permitted assignee pursuant to this Successors and Assigns section.
Terms Applicable to All Users
Accessing the Platform and Account Security
We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to registered users.
You are responsible for both:
To access the Platform or the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current and complete, and that it is about you or your business, not about any third party, except that an employee or other individual may submit business information to the Platform, but only at the direction or request of the owner or an authorized manager of such business.
If you choose, or are provided with, a username, password or any other user credentials as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. However, if you obtain such user credentials on behalf of a company, you may share the credentials with employees or owners of fix who are authorized to use fix’s account on the Platform. You may also provide another person or entity with access to this Platform, or portions of it using your username, password, or other security information if they acquire business interests through the sale or merger of the business utilizing the user credentials or the assignment or sale of substantially all of such a business’ assets to another party. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Payment and Tax Information
You understand and agree that you are required to provide bank routing/ACH/EFT information (“Bank Info”) and a valid Social Security Number, Taxpayer Identification Number, or Employer Identification Number (a “Tax ID”) as applicable, in order to use the Platform, and that your account will either not be activated or may be terminated or suspended if you fail to provide Bank Info and a Tax ID or if, at any time, the Bank Info and/or Tax information that you provide is no longer current or valid. You agree to update your Bank Info and Tax ID promptly at any time that they changes, and to pay any denied, invalid, or returned payment or debit fees which we may be charged in connection with outdated or incorrect Bank Info. You further agree that you and/or the business on behalf of whom you intend to use the Platform are the (or a) holder of the bank account for which you provide Bank Info and that you are prohibited from providing or using anyone else’s Bank Info or Tax ID on or through the Platform. You understand and agree that if you violate the foregoing terms regarding improper use or provision of someone else’s Bank Info and/or Tax ID, your account may be terminated or suspended and we may be required to notify the bank and legal authorities.
Intellectual Property Rights
The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (the “Contents”), are either owned or licensed by Weed Workforce or by such third parties that provided the Content with our consent to do so, and are protected by applicable United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform (such actions collectively known as to “Reproduce or Distribute”), except as follows:
You must not:
You must not access or use any part of the Platform or any services or materials available through the Platform for any commercial purposes except as permitted by the Business User Terms or with Weed Workforce’s express written consent.
If you wish to make any use of material on the Platform other than that set out in this section, please address your request to: accounts@wwstaffingsolutions.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made, except any copies which we determine or agree are necessary for your tax, accounting, or human resources purposes. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted to you are reserved by us. Any use of the Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws, and result in our suspending your right to use the Platform.
Trademarks
The names W. W. Staffing, Inc., Weed Workforce and all related and derivative names, logos, designs, and slogans are the sole property of Weed Workforce (“Weed Workforce’s IP”). You may not use Weed Workforce’s IP without our express written consent. All other names, logos, product and service names, designs and slogans on this Platform are the trademarks of their respective owners, including but not limited to Wolf (“Third Party IP”). Your use of the Platform does not grant you a license to use, share, transfer, sublicense, reproduce, or make derivative works of any of Weed Workforce’s IP or any Third Party IP, provided that you retain ownership of or licensee rights to and the right to use any such intellectual property owned by you or licensed by you from third parties which you upload to or incorporate into the content you enter into the Platform.
Prohibited Uses
You may use the Platform only for lawful purposes and in accordance with these Terms. You agree not to use the Platform:
Additionally, you agree not to:
User Contributions
The Platform may contain personal and/or business profiles and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials, including but not limited to postings seeking independent contractors and information about independent contractors’ work experience, qualifications, and availability (collectively, “User Contributions”) on or through the Platform. All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution which you post to the Platform will be considered non-confidential and non-proprietary except that credit card and bank routing/ACH/EFT information shall be considered confidential, and shall be accessible only by those with a business need to know such information (e.g. for purposes of paying independent contractors who obtain assignments via the Platform). By providing any User Contribution on the Platform, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings, subject to the limitation above.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not we, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible for or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform.
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU HEREBY AGREE TO WAIVE, INDEMNIFY, AND HOLD US AND OUR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AND VOLUNTEERS, AND OUR AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR THEM DURING OR AS A RESULT OF INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS EITHER BY US OR BY LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Copyright Infringement
If you believe that any User Contributions violate your copyright or other intellectual property rights, please notify accounts@wwstaffingsolutions.com.
Reliance on Information Posted
We do not warrant the accuracy, completeness, or usefulness of information presented on or through the Platform. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
This Platform may include content provided by third parties. All statements and/or opinions expressed in these materials, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
Changes to the Platform
We may update the content on this Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the materials on the Platform may be out of date at any given time, and we are under no obligation to update such material. It is your responsibility to contact any users who posted information to confirm it is complete and current before relying on it.
Linking to the Platform and Social Media Features
To the extent to which the same is technologically possible, you may link to the Platform, provided that you do so in a way that is fair and legal; does not damage our reputation or take advantage of it; and does not provide an invitation or ability to use our services without paying any applicable costs, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent to do so.
This Platform may provide certain social media features (though we reserve the right to disable all or any social media features and any links at any time without notice, in our sole discretion), which features may enable you to:
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
Links from the Platform
If the Platform contains links to other sites or resources provided by third parties, these links are provided for your convenience only. This includes links contained in any advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Platform, you do so entirely at your own risk and subject to the Terms of use for such websites.
Geographic Restrictions
Weed Workforce is based in the State of Vermont in the United States of America. We provide this Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative, are responsible for compliance with local laws, and expressly disclaim any right to require us to or to hold us liable for failing to satisfy the privacy rules and regulations applicable to your location.
Disclaimer of Warranties
NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL YOU, WE, OUR AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, OR OUR OR THEIR OWNERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR VOLUNTEERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (1) YOUR USE OR INABILITY TO USE THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER WEBSITES; (2) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT; (3) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION, OR DELAY OF ACCESS TO THE PLATFORM; (4) LOSS, DAMAGE, CORRUPTION, OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY. ALL OF THE FOREGOING EXCLUSIONS INCLUDE ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold us harmless, as well as our owners, directors, officers, employees, and volunteers, and our affiliates, licensors, and service providers, and its and their respective owners, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform’s content, services, or products other than as expressly authorized in these Terms, or your use of any information obtained from the Platform.
Governing Law and Arbitration
All matters relating to the Platform and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Vermont without giving effect to any choice or conflict of law provision or rule (whether of the State of Vermont or any other jurisdiction).
Any dispute, controversy, or claim arising out of or in connection with, or relating to, these Terms or any breach or alleged breach hereof shall, upon the request you or us, be submitted to, and settled by, arbitration before a single arbitrator in Burlington, Vermont unless otherwise agreed by you and us. The arbitration shall proceed pursuant to and in accordance with the provisions of this section of the Terms and otherwise pursuant to and in accordance with the Commercial Arbitration Rules then in effect of the American Arbitration Association. You and we shall agree on a single arbitrator within thirty (30) days after notice seeking or demanding arbitration; provided, however, that if you and we do not so agree then the arbitrator shall be determined by a coin toss. If only you or only we propose an arbitrator then the arbitrator shall be the one so proposed. The arbitrator shall base the award on applicable law and judicial precedent and, unless you and we agree otherwise, shall include the findings of fact and conclusions of law upon which the award is based in the written award. Any award rendered shall be final and conclusive and a judgment thereon may be entered in the state courts of the State of Vermont having subject matter jurisdiction but not in federal courts. The expenses of the arbitration shall be borne equally by you and us unless the arbitrator determines that a different allocation of expenses is more just and equitable under the circumstances. Each of you and we shall pay for and bear the cost of its own experts, evidence, and counsels’ fees except to the extent, if at all, that the arbitrator determines that it is more just and equitable under all the facts and circumstances that you or we reimburse the other, in whole or in part, for the cost of the other party’s experts, evidence and/or counsel fees; provided, however that if either you or we fail to proceed with the arbitration as provided herein, unsuccessfully seeks to stay such arbitration, or fails to comply with any arbitration award, the other party shall be awarded costs, including reasonable attorneys’ fees, paid or incurred by such party in successfully compelling such arbitration and/or successfully defending or enforcing the award.
Waiver and Severability
No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and our failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any term, covenant or condition of these Terms or the application thereof to any person, entity, or circumstance shall, at any time or to any extent, be invalid or unenforceable, the remainder of these Terms, or the application of such term, covenant or condition to persons, entities, or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of these Terms shall be valid and enforceable to the fullest extent permitted by law.
Entire Agreement
The Terms and, as applicable, the Independent Contractor Agreement that you may have clicked to sign as a condition of using the Platform, constitute the sole and entire agreement between you and us with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform, the Interactive Services, and any and all services which we do or may provide to you.
CHANGES TO THESE TERMS
We reserve the right to make changes to these Terms at any time and for any reason. We will alert you about any changes by updating the "Last Revised" date at the top of these Terms. Any changes or modifications will be effective immediately upon posting the updated Terms on the Platform, and you waive the right to receive specific notice of each such change or modification. You are encouraged to periodically review these Terms to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Terms by your continued use of the Platform after the date such revised Terms are posted.
CONTACT US
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at accounts@wwstaffingsolutions.com or by mail using the details provided below:
W. W. Staffing Solutions, Inc., 7 West Canal Street, Winooski, VT 05404
https://app.weedworkforce.com/privacy
4860-0475-3757, v. 6
4860-0475-3757, v. 7
Terms and Conditions and Privacy Policy
Last Revised: 19-April-2023
W. W. Staffing Solutions, Inc., d/b/a Weed Workforce (“Weed Workforce” or “we”) provides a proprietary electronic platform for on-demand staffing and workforce management and related products and services (accessible at https://app.weedworkforce.com) to which these Terms and Conditions and Privacy Policy (these “Terms”) apply. These Terms describe the terms and conditions which govern your use of the mobile applications, websites, services or products made available by Weed Workforce (collectively, the "Platform") and how your personal information is collected, used, shared and safeguarded when you access and/or use the Platform.
ACCEPTANCE OF THESE TERMS
Please read these Terms carefully before you begin using the Platform. By using the Platform, you (1) accept and agree to be bound by these Terms and (2) consent to the collection and use of your personal information by Weed Workforce as set out in these Terms. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THESE TERMS, YOU ARE NOT PERMITTED TO USE OR ACCESS THE PLATFORM.
These Terms are entered into by and between you us with respect to the Platform and all services, tools, and resources provided by or accessible through the Platform. The Terms govern your access to and use of the Platform and any related applications connected with the Platform, our websites or apps otherwise used or made available by us, whether as a guest, a registered worker, or a registered company.
This Platform is offered and available only to users who are 21 years of age or older. By using this Platform, you represent and warrant that you are at least 21-years-old. If you are not, you must not access or use the Platform. If you become aware of any data we have collected from individuals under 21 years of age, please contact us using the contact information provided below.
PRIVACY POLICY
Any personal information that you provide to Weed Workforce via the Platform is collected on behalf of and for the sole benefit of Weed Workforce and is subject to the privacy and security practices and policies detailed in these Terms. We do not process or disclose your personal information for any purpose other than to provide the services offered by and through the Platform.
Personal Information We Collect
When you interact with the Platform, we may automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies (defined below) that are installed on your device. Additionally, as you use the Platform, we may collect information about the individual web pages that you view, what websites or search terms referred you to the Platform, and information about how you interact with the Platform. We refer to this automatically collected information as "Device Information."
We collect Device Information using the following technologies:
Additionally, we may collect certain personal information that you provide to us via the Platform from time to time, such as your name, email address, a copy of your Cannabis Establishment license or Cannabis Control Board employee ID card, and your credit card or bank routing/ACH/EFT information.
You are under no obligation to provide us with personal information of any kind. However your refusal to do so may prevent you from using certain features of the Platform, including but not limited to the ability to post positions to the Platform and to be retained as an independent contractor via the Platform.
How Do We Use Your Personal Information?
Weed Workforce and our service providers use personal information for our legitimate business purposes, including those specifically described below. These services include performing the services offered by the Platform, complying with legal obligations and/or serving our legitimate business interests. We use the personal information that we collect generally to fulfill any requests made through the Platform. Additionally, we use personal information to communicate with you, personalize your experience on the Platform, and, when in line with the preferences you have shared with us, provide you with information or advertising relating to Weed Workforce, which may include its products or services.
We use the Device Information that we collect to help us screen for potential risk and fraud (in particular, your IP address), and more generally to improve and optimize the Platform (for example, by generating analytics about how our users browse and interact with the Platform).
Sharing Your Personal Information
We may share your personal information with third parties to help us use your personal information to provide the Platform, as described above. We may share your personal information with our affiliates, in which case we will require those affiliates to honor these Terms. Affiliates may include a parent company and any subsidiaries, joint venture partners or other companies that we control or that are under common control with us. We may share anonymized data generated from your personal information with advisors and actual and potential investors for the purpose of conducting general business analysis. If we reorganize or sell all or a portion of our assets, undergo a merger or are acquired by another entity, we may transfer your personal information to the successor entity, provided that the successor entity agrees to be bound by these Terms. If we go out of business or enter bankruptcy, your personal information would be an asset transferred or acquired by a third party. You acknowledge that such transfers may occur and that the transferee may decline to honor commitments we made in these Terms. Finally, we may also share your personal information to comply with applicable laws and regulations, to respond to a subpoena, search warrant or other lawful request for information we receive, or to otherwise protect our legal rights.
Do Not Track
Most web browsers and some mobile operating systems include a Do-Not-Track ("DNT") feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will revise these Terms accordingly.
Jurisdiction and Cross-Border Transfer
Your personal information may be stored and processed in any country where the software developer that we utilize, One Wolf, Inc. (“Wolf”) has facilities or in which Wolf engages service providers, and by using the Platform you consent to the transfer of information to countries outside of your country of residence, which may have data protection rules that are different from those of your country. In certain circumstances, courts, law enforcement agencies, regulatory agencies or security authorities in those other countries may be entitled to access your personal information.
Rights and Options Regarding Your Personal Information
We respect your rights with respect to your personal information, including: the right to be informed, the right of access, the right of rectification, the right to erasure, the right to restrict processing, the right to data portability, and the right to object. Accordingly, if you would like to exercise your rights with respect to the personal information we have collected from you, including to request deletion, updating/correction or access, you can send an email to us at accounts@wwstaffingsolutions.com. If you request deletion of your personal information, we will delete your personal information from the Platform and our active databases and records following receipt of your verified request. Notwithstanding the foregoing, we may retain or delay the deletion of such information (a) as is required to process payments owed to you or from you to us and to comply with our tax reporting obligations with respect thereto; (b) to prevent fraud; (c) troubleshoot problems; (d) assist with any investigations; (e) enforce these Terms; and/or (f) comply with legal requirements. You understand that deleting your information from the Platform and/or databases and records is likely to limit or even eliminate your ability to use the Platform.
Emails and Other Communications
If you no longer wish to receive communications (including, without limitation, email and SMS/MMS messages) from us, you may opt-out by emailing us at accounts@wwstaffingsolutions.com. You understand that opting out of emails may limit or even eliminate your ability to use the Platform.
Data Retention
We will retain your personal information for as long as needed or permitted in light of the purpose(s) for which it was obtained. The criteria used to determine our retention periods include the length of time we have an ongoing relationship with you, when we have a legal obligation to which we are subject, or as advisable in light of legal requirements.
Third Party Websites
The Platform may contain links to third party websites and applications of interest that are not affiliated with us. Once you have used these links to leave the Platform, any information you provide to these third parties is not covered by these Terms, and we cannot protect the safety and privacy of information that you provide to a third party outside of the Platform. Before visiting and providing any information to any third party websites or applications, you should inform yourself of the privacy policies and practices (if any) of the third party responsible for that website or application, and should take those steps necessary to, in your discretion, protect the privacy of your personal information. We are not responsible for the content or privacy and security practices and policies of any third parties, including other sites, services or applications that may be linked to or from the Platform.
Security of Your Personal Information and Disclaimer of Related Warranties
We use administrative, technical and physical security measures to help protect your personal information.
While we take reasonable, industry-standard steps to secure the personal information you provide to us, please be aware that despite our efforts no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. Any information disclosed online is vulnerable to interception and misuse by unauthorized parties. Therefore, we cannot guarantee complete security if you provide personal information to us.
You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Platform for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT OR ON ANY PLATFORM LINKED TO IT.
California Residents
Under the California Consumer Privacy Act of 2018 ("CCPA"), Wolf is a "service provider" of Weed Workforce, which may be a "business" covered by the CCPA. As a "service provider", Wolf processes your personal information in order to provide its services to Weed Workforce, and in order to facilitate your interactions with Weed Workforce. To learn more about rights that you may have under the CCPA, such as the right to request information about the types of your personal information that has been collected, the right to request that your personal information be deleted, and the right to opt-out of the sale of your personal information, please contact us at accounts@wwstaffingsolutions.com.
Weed Workforce, Wolf, and the Platform comply with the CCPA and other applicable laws. If you would like to make a request regarding your personal information, please contact us by e-mail at accounts@wwstaffingsolutions.com, and we will try to accommodate your request unless we are prevented from doing so as a result of applicable law or a significant legitimate interest of Weed Workforce. Please also note that, depending on the nature of your request, the fulfillment of your request may hinder or prevent our ability to provide you with certain features and functionalities of the Platform.
TERMS AND CONDITIONS OF USE
Certain portions of the following Terms and Conditions of Use apply only to persons which access or utilize the Platform on behalf of businesses, not to individuals who access or utilize the Platform solely on their own behalf. Those terms are located under the subheading Business User Terms.
Business User Terms
The following terms apply only to business users of the Platform, not to persons who intend to or do use the Platform to seek positions as independent contractors. In the event any individual uses the Platform as both a representative of a business user and in their capacity as an individual, the Business User Terms shall apply only to the business use.
Weed Workforce has caused the development of the Platform as a tool to connect Vermont-licensed cannabis businesses with freelance workers who may be able to work as independent contractors for such businesses. You, the business user, are interested in using the Platform to locate and potentially retain independent contractors to use in your business operations.
Provision of the Platform to Business Users
Weed Workforce agrees to provide business users who become Weed Workforce’s clients (collectively, “Clients” or singly a “Client”) with the right to set up a business account in the Platform and to use all functions available to business users in exchange for Client’s payment of all fees due to Weed Workforce under the Business User Terms. For purposes of the Business User Terms section of these Terms, Weed Workforce and Clients are sometimes referred to collectively as the “Parties” or singly as a “Party”.
Fees for use of the Platform shall be based upon the payment for the independent contractor positions which Client fills through the Platform (each, a “Position”). Client shall pay Weed Workforce via the Platform a fee equal to twenty percent (20%) of the amount which Client intends to pay to each independent contractor retained for a Position at the time of retaining an independent contractor for that position. Each person who is so retained and all other persons who use the Platform to find independent contractor positions are known in the Business User Terms section of these Terms as “Workers”. No refund shall be due to Client if Client retains a Worker and the Worker does not work for the full time intended.
Beginning of Services
Client’s access to the Platform shall begin on a date mutually agreed by the Parties.
Term and Termination
The Terms shall remain applicable until the later of when either Party notifies the other that it no longer wishes to have a business relationship or when the Client stops using the Platform. The Parties’ business relationship may be terminated by either Party upon at least thirty (30) days’ advance written notice to the other Party, provided that such termination notice must state the date on which the termination shall take effect. On the termination effective date (the “Termination Date”), Client will no longer have access to the Platform. If Client continues to use the Platform after the Termination Date, Client shall be deemed to have extended the Parties’ business relationship for the duration of such continued use. Client shall make all necessary arrangements to save or download its profile and job information from the Platform prior to the Termination Date. As and after the Termination Date, Client may only use information Client accessed in the Platform about Workers to (a) complete the Positions, and (b) in accordance with the terms of the Finder’s Fee section of these Terms.
Functionality of the Platform.
The Platform is designed to provide Client and other Vermont-licensed cannabis businesses with information about and ways to reach potential candidates for independent contractor positions. Before allowing Workers to use the Platform, Weed Workforce requires all Workers to agree that they shall provide accurate information about themselves and update their information anytime that it changes, including but not limited to changes to such Workers’ Cannabis Control Board employee ID cards. Client understands and agrees that although Weed Workforce may choose to contact Workers about their profile information and/or take certain steps to verify the information provided by Workers, Weed Workforce is under no obligation to do so, expressly disclaims any obligation to do so, and shall bear no responsibility for the accuracy of information provided by Workers. Client further understands and agrees that Weed Workforce does not guarantee that Client will find suitable Workers through the Platform or will be able to retain sufficient Workers through the use of the Platform to meet Client’s business needs.
Permitted Uses of the Platform by Clients
Client understands and agrees that the Platform is intended only to be used to fill independent contractor positions at Client’s business, which is known in these Business User Terms as the “Permitted Purpose”. Client shall not use the Platform for any reason besides the Permitted Purpose, including on behalf of any other person, entity, or company, or provide names, contact information, or other information learned about Workers to third parties, except to Client’s own advisors to the extent required to provide services to Client, provided that said advisors may not provide the information to others and may not use the information to locate, contact, and/or retain the Workers for itself, themselves, or for others. Client understands and agrees that it may not engage in any form of unlawful discrimination in the process used to retain Workers through the Platform, including but not limited to discrimination on the basis of race, ethnicity, national origin, gender, sexual orientation, gender identity, age, religion, or any other characteristic protected by state or federal law, and that any violations of the foregoing obligations by Client fall outside of the Permitted Purpose. Client further agrees that it shall not post or make available on or through the Platform any derogatory or defamatory content or intellectual property of any third parties for which Client does not hold the necessary license(s) to do the same.
Availability
Weed Workforce shall take reasonable steps to ensure that the Platform is available at all times, but cannot and does not guarantee that the Platform will be available at all times. Weed Workforce shall provide at least one (1) day’s advance written notice to Client of planned outages to the Platform, and shall, to the extent possible, take reasonable steps to notify Client of unplanned outages as they occur. In no event shall Client be entitled to a refund, service credit, or proration of fees due to scheduled or unplanned outages of the Platform.
Security
Client shall receive one username and password for the Platform (its “User Credentials”) and agrees to only provide its Users Credentials to Client employees who are authorized to use the same and who shall use the same in accordance with these Terms. Client agrees that all such employees shall keep the User Credentials private, and shall not share the same with anyone. Client shall notify Weed Workforce as soon as reasonably practicable if Client suspects or becomes aware of unauthorized access to the Platform by or through its User Credentials. Client agrees that neither it nor any of its authorized users shall use, introduce, or upload any software, hardware or other technology, device or means, including any virus, worm, malware, Trojan horse, or other malicious computer code, the purpose or effect of which is to permit unauthorized access to, or to destroy, disrupt, disable, distort, or otherwise harm or impede in the Platform in any manner or limit or prevent access to the Platform by any authorized user. Client further agrees that neither it nor any of its authorized users shall attempt to do any of the foregoing or request, induce, or attempt to induce any third party to do any of the foregoing. Weed Workforce shall employ industry-standard practices to protect the security of information that Client provides in or through the Platform, but cannot guarantee absolute security. In the event of a known or suspected breach of the Platform or other event that does or may compromise Client information, Weed Workforce shall notify Client as soon as reasonably practical and shall take industry-standard steps to mitigate the harms and prevent recurrence of similar situations.
Weed Workforce Representations and Warranties
Weed Workforce represents and warrants that:
(a) it either (i) owns all computer code and other intellectual property used to build the Platform and displayed in or available to Client in the Platform, except content posted or populated by Workers, or (ii) has and shall for the duration of these Terms maintain valid licenses entitling it to use all such intellectual property; and
(b) shall perform all services pursuant to these Business User Terms in a workmanlike manner.
Weed Workforce provides no warranties which are not specifically enumerated in these Terms and expressly disclaims all other warranties, including the warranties of merchantability and fitness for a particular purpose.
Weed Workforce shall indemnify, defend, and hold Client harmless for any claims, actions, and damages arising out of any breach or alleged breach of Section (a) of the Weed Workforce Representations and Warranties. The maximum amount of damages payable by Weed Workforce to fulfill the foregoing obligations shall not exceed the amount paid or payable by Client to Weed Workforce for the twelve (12)-month period preceding the indemnification claim.
Client Representations and Warranties
Client represents and warrants that it shall:
(a) use the Platform only for the Permitted Purpose, which, for the avoidance of doubt, does not include or permit any unlawful discrimination;
(b) only grant access to the User Credentials as permitted by these Business User Terms and any written addenda which the Parties may attach hereto; and
(c) not upload, use, or otherwise add to or make available in the Platform the logos, names, trademarks, trade names, trade dress, copyrighted or copyrightable materials, or any other intellectual property of third parties, whether the same is or may be eligible for legal registration and/or protection as intellectual property, unless Client holds and, for the duration of such use, maintains valid licenses from the applicable intellectual property owners which permit Client to use such intellectual property.
Client shall indemnify, defend, and hold Weed Workforce harmless for any claims, actions, and damages arising of any breach or alleged breach these Client Representations and Warranties.
Force Majeure
In the event that either Party is delayed, hindered in, or prevented from the performance of any act required under these Business User Terms by reason of strikes, lock-outs, labor troubles, inability to procure materials, power failure, restrictive governmental laws or regulations, riots, insurrection, war, or other reason beyond its reasonable control (including the act, failure to act, or default of the other Party), then performance of such act shall be excused for the period of the delay and the period for the performance of any such act shall be extended for a period equivalent to the period of such delay.
Finder’s Fee
These Terms shall not limit Client’s ability to hire Workers directly outside of the Platform or Workers’ ability to become employees of Client or independent contractors outside of the Platform, provided that Client abides by the terms of this Finder’s Fee section of the Terms in connection with any such outside hiring or retention. If, within six (6) months of the last date on which Client logged into or otherwise used the Platform (the “Buy-Out Period”), Client wishes to hire a Worker directly outside of the Platform for any position, including full-time, part-time, seasonal, or contract employment, or to retain the Worker as an independent contractor outside of the Platform, Client must first contact and obtain the consent of Weed Workforce, which consent shall be conditioned on Client paying the Finder’s Fee due under the Finder’s Fee Schedule below to Weed Workforce and such other terms as may be hereafter determined by Weed Workforce. The Parties agree that it would be difficult if not impossible to determine the amount of damages resulting from any violation of this Finder’s Fee section of the Terms and therefore agree that in the event of any violation of this section, Client shall pay Weed Workforce, as liquidated damages, an amount equal to the largest of the annualized wages, salary, or other monetary compensation which it offers, agrees to pay and/or actually pays to the Worker, it being understood that annualizing shall require the calculation of how much the Worker would be paid if the Worker worked for Client for one (1) year at the same rate at which Client hired Worker as an employee or retained Workers as an independent contractor outside of the Platform. If Client pays the Finder’s Fee to Weed Workforce and the Worker either does not accept the offer of employment or outside work or never performs any work, then Weed Workforce shall refund the Finder’s Fee to Client. However, if the Worker does ultimately work for Client in such outside capacity within the Buy-Out Period, Client must repay the Finder’s Fee in full to Weed Workforce, including any upward adjustments if Client agrees to pay the Worker more than Client had agreed to at the time of initially paying the Finder’s Fee to Weed Workforce.
Finder’s Fee Schedule
Each Client will pay the following fee for each Worker that Client (or any of its affiliates) employs in any capacity within 6 months after the Client’s most recent Platform activity as described under the “Finder’s Fee” section above:
Fee: 20% of the Worker’s annualized salary. For purposes of these Terms, an annualized salary is calculated using 2,080 hours multiplied by the employee’s base platform hourly rate.
Assignment
Neither Party to these Business User Terms may assign its rights or obligations hereunder without the express written consent of the other Party.
Successors and Assigns
These Business User Terms shall be binding upon and inure to the benefit of the Parties hereto and, subject to the other provisions of this Business User Terms, on their respective successors and assigns. Nothing expressed or referred to in these Business User Terms will be construed to give any person or entity other than the Parties to these Business User Terms any legal or equitable right, remedy, or claim under or with respect to these Business User Terms or any provision of these Business User Terms, except such rights as shall inure to a successor or permitted assignee pursuant to this Successors and Assigns section.
Terms Applicable to All Users
Accessing the Platform and Account Security
We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to registered users.
You are responsible for both:
To access the Platform or the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current and complete, and that it is about you or your business, not about any third party, except that an employee or other individual may submit business information to the Platform, but only at the direction or request of the owner or an authorized manager of such business.
If you choose, or are provided with, a username, password or any other user credentials as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. However, if you obtain such user credentials on behalf of a company, you may share the credentials with employees or owners of fix who are authorized to use fix’s account on the Platform. You may also provide another person or entity with access to this Platform, or portions of it using your username, password, or other security information if they acquire business interests through the sale or merger of the business utilizing the user credentials or the assignment or sale of substantially all of such a business’ assets to another party. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Payment and Tax Information
You understand and agree that you are required to provide bank routing/ACH/EFT information (“Bank Info”) and a valid Social Security Number, Taxpayer Identification Number, or Employer Identification Number (a “Tax ID”) as applicable, in order to use the Platform, and that your account will either not be activated or may be terminated or suspended if you fail to provide Bank Info and a Tax ID or if, at any time, the Bank Info and/or Tax information that you provide is no longer current or valid. You agree to update your Bank Info and Tax ID promptly at any time that they changes, and to pay any denied, invalid, or returned payment or debit fees which we may be charged in connection with outdated or incorrect Bank Info. You further agree that you and/or the business on behalf of whom you intend to use the Platform are the (or a) holder of the bank account for which you provide Bank Info and that you are prohibited from providing or using anyone else’s Bank Info or Tax ID on or through the Platform. You understand and agree that if you violate the foregoing terms regarding improper use or provision of someone else’s Bank Info and/or Tax ID, your account may be terminated or suspended and we may be required to notify the bank and legal authorities.
Intellectual Property Rights
The Platform and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) (the “Contents”), are either owned or licensed by Weed Workforce or by such third parties that provided the Content with our consent to do so, and are protected by applicable United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Platform (such actions collectively known as to “Reproduce or Distribute”), except as follows:
You must not:
You must not access or use any part of the Platform or any services or materials available through the Platform for any commercial purposes except as permitted by the Business User Terms or with Weed Workforce’s express written consent.
If you wish to make any use of material on the Platform other than that set out in this section, please address your request to: accounts@wwstaffingsolutions.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made, except any copies which we determine or agree are necessary for your tax, accounting, or human resources purposes. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted to you are reserved by us. Any use of the Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws, and result in our suspending your right to use the Platform.
Trademarks
The names W. W. Staffing, Inc., Weed Workforce and all related and derivative names, logos, designs, and slogans are the sole property of Weed Workforce (“Weed Workforce’s IP”). You may not use Weed Workforce’s IP without our express written consent. All other names, logos, product and service names, designs and slogans on this Platform are the trademarks of their respective owners, including but not limited to Wolf (“Third Party IP”). Your use of the Platform does not grant you a license to use, share, transfer, sublicense, reproduce, or make derivative works of any of Weed Workforce’s IP or any Third Party IP, provided that you retain ownership of or licensee rights to and the right to use any such intellectual property owned by you or licensed by you from third parties which you upload to or incorporate into the content you enter into the Platform.
Prohibited Uses
You may use the Platform only for lawful purposes and in accordance with these Terms. You agree not to use the Platform:
Additionally, you agree not to:
User Contributions
The Platform may contain personal and/or business profiles and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials, including but not limited to postings seeking independent contractors and information about independent contractors’ work experience, qualifications, and availability (collectively, “User Contributions”) on or through the Platform. All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution which you post to the Platform will be considered non-confidential and non-proprietary except that credit card and bank routing/ACH/EFT information shall be considered confidential, and shall be accessible only by those with a business need to know such information (e.g. for purposes of paying independent contractors who obtain assignments via the Platform). By providing any User Contribution on the Platform, you grant us and our licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material according to your account settings, subject to the limitation above.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not we, have fully responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible for or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform.
Monitoring and Enforcement; Termination
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU HEREBY AGREE TO WAIVE, INDEMNIFY, AND HOLD US AND OUR OWNERS, DIRECTORS, OFFICERS, EMPLOYEES, AND VOLUNTEERS, AND OUR AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, AND ITS AND THEIR RESPECTIVE OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS, AND ASSIGNS HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR THEM DURING OR AS A RESULT OF INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS EITHER BY US OR BY LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Copyright Infringement
If you believe that any User Contributions violate your copyright or other intellectual property rights, please notify accounts@wwstaffingsolutions.com.
Reliance on Information Posted
We do not warrant the accuracy, completeness, or usefulness of information presented on or through the Platform. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.
This Platform may include content provided by third parties. All statements and/or opinions expressed in these materials, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.
Changes to the Platform
We may update the content on this Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the materials on the Platform may be out of date at any given time, and we are under no obligation to update such material. It is your responsibility to contact any users who posted information to confirm it is complete and current before relying on it.
Linking to the Platform and Social Media Features
To the extent to which the same is technologically possible, you may link to the Platform, provided that you do so in a way that is fair and legal; does not damage our reputation or take advantage of it; and does not provide an invitation or ability to use our services without paying any applicable costs, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent to do so.
This Platform may provide certain social media features (though we reserve the right to disable all or any social media features and any links at any time without notice, in our sole discretion), which features may enable you to:
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
Links from the Platform
If the Platform contains links to other sites or resources provided by third parties, these links are provided for your convenience only. This includes links contained in any advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Platform, you do so entirely at your own risk and subject to the Terms of use for such websites.
Geographic Restrictions
Weed Workforce is based in the State of Vermont in the United States of America. We provide this Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative, are responsible for compliance with local laws, and expressly disclaim any right to require us to or to hold us liable for failing to satisfy the privacy rules and regulations applicable to your location.
Disclaimer of Warranties
NEITHER WE NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL YOU, WE, OUR AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, OR OUR OR THEIR OWNERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR VOLUNTEERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (1) YOUR USE OR INABILITY TO USE THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER WEBSITES; (2) LOSS OF PRODUCTION, USE, BUSINESS, REVENUE OR PROFIT; (3) IMPAIRMENT, INABILITY TO USE OR LOSS, INTERRUPTION, OR DELAY OF ACCESS TO THE PLATFORM; (4) LOSS, DAMAGE, CORRUPTION, OR RECOVERY OF DATA, OR BREACH OF DATA OR SYSTEM SECURITY. ALL OF THE FOREGOING EXCLUSIONS INCLUDE ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, REGARDLESS OF WHETHER SUCH PERSONS WERE ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify and hold us harmless, as well as our owners, directors, officers, employees, and volunteers, and our affiliates, licensors, and service providers, and its and their respective owners, officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform’s content, services, or products other than as expressly authorized in these Terms, or your use of any information obtained from the Platform.
Governing Law and Arbitration
All matters relating to the Platform and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Vermont without giving effect to any choice or conflict of law provision or rule (whether of the State of Vermont or any other jurisdiction).
Any dispute, controversy, or claim arising out of or in connection with, or relating to, these Terms or any breach or alleged breach hereof shall, upon the request you or us, be submitted to, and settled by, arbitration before a single arbitrator in Burlington, Vermont unless otherwise agreed by you and us. The arbitration shall proceed pursuant to and in accordance with the provisions of this section of the Terms and otherwise pursuant to and in accordance with the Commercial Arbitration Rules then in effect of the American Arbitration Association. You and we shall agree on a single arbitrator within thirty (30) days after notice seeking or demanding arbitration; provided, however, that if you and we do not so agree then the arbitrator shall be determined by a coin toss. If only you or only we propose an arbitrator then the arbitrator shall be the one so proposed. The arbitrator shall base the award on applicable law and judicial precedent and, unless you and we agree otherwise, shall include the findings of fact and conclusions of law upon which the award is based in the written award. Any award rendered shall be final and conclusive and a judgment thereon may be entered in the state courts of the State of Vermont having subject matter jurisdiction but not in federal courts. The expenses of the arbitration shall be borne equally by you and us unless the arbitrator determines that a different allocation of expenses is more just and equitable under the circumstances. Each of you and we shall pay for and bear the cost of its own experts, evidence, and counsels’ fees except to the extent, if at all, that the arbitrator determines that it is more just and equitable under all the facts and circumstances that you or we reimburse the other, in whole or in part, for the cost of the other party’s experts, evidence and/or counsel fees; provided, however that if either you or we fail to proceed with the arbitration as provided herein, unsuccessfully seeks to stay such arbitration, or fails to comply with any arbitration award, the other party shall be awarded costs, including reasonable attorneys’ fees, paid or incurred by such party in successfully compelling such arbitration and/or successfully defending or enforcing the award.
Waiver and Severability
No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and our failure to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any term, covenant or condition of these Terms or the application thereof to any person, entity, or circumstance shall, at any time or to any extent, be invalid or unenforceable, the remainder of these Terms, or the application of such term, covenant or condition to persons, entities, or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of these Terms shall be valid and enforceable to the fullest extent permitted by law.
Entire Agreement
The Terms and, as applicable, the Independent Contractor Agreement that you may have clicked to sign as a condition of using the Platform, constitute the sole and entire agreement between you and us with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform, the Interactive Services, and any and all services which we do or may provide to you.
CHANGES TO THESE TERMS
We reserve the right to make changes to these Terms at any time and for any reason. We will alert you about any changes by updating the "Last Revised" date at the top of these Terms. Any changes or modifications will be effective immediately upon posting the updated Terms on the Platform, and you waive the right to receive specific notice of each such change or modification. You are encouraged to periodically review these Terms to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Terms by your continued use of the Platform after the date such revised Terms are posted.
CONTACT US
For more information about our privacy practices, if you have questions, or if you would like to make a complaint, please contact us by e-mail at accounts@wwstaffingsolutions.com or by mail using the details provided below:
W. W. Staffing Solutions, Inc., 7 West Canal Street, Winooski, VT 05404
https://app.weedworkforce.com/privacy
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