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Terms of Service

The terms below govern your use of WorkingLit. Please read them carefully — using the Website constitutes your agreement to these terms.

Last modified · October 31, 2021

Welcome to WorkingLit! WorkingLit, LLC. ("WorkingLit") is a curated database, set of data analyst tools, and online marketplace connecting creative publishers with retailers, accessible through its websites, including workinglit.com (collectively, the "Site"). The Website and its features are provided to you subject to your compliance with all the terms, conditions, and notices contained or referenced herein (as well as any other written agreement between us and you) in order to have maximum fun and versatility in getting your books to your readers.

1.User's Acknowledgment and Acceptance of Terms

You are permitted to use the Website only if you: (1) Represent that you are able to form a binding contract in your jurisdiction; (2) Comply with our Terms of Service; (3) Will not copy or distribute any part of any part of the Website in any medium without WorkingLit's prior written authorization except as permitted through the Website's functionality and under these Terms of Service; (4) Provide accurate and complete information when creating an account; (5) Acknowledge you are solely responsible for the activity that occurs while signed in to or while using the Website; (6) Don't use for any purpose other than intended by the provider; and (7) Acknowledge your sole responsibility for your content submissions, including any publicly available text, links, or images. The Website is available only to, and may only be used by individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, the Website is not available to children (persons under the age of 18) or users who have had their user account temporarily or permanently deactivated. By becoming a user, you represent and warrant that you are at least 18 years old and that you have the right, authority, and capacity to enter into and abide by the terms and conditions of this Agreement.

YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE WEBSITE NOW. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE, IS TO STOP USING THE WEBSITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE WEBSITE.

In these Terms of Service, we use the terms "you" and "your" to mean any person using our Website, and any organization or person using the Website on an organization's behalf. As used in these Terms of Service, "User(s)" refers to any individual using the Website.

Account Levels

  1. Basic Publisher Account. (6–50 titles.) Manages databasing metadata, accounting, and royalty reporting. Includes the ability to process and fulfill orders plus manage products, customers, artists, accounting (expenses, royalties, payments). The application seeks basic information about you, your company and your products. Your use of the Services is subject to the Brand Terms of Service. User agrees to pay any applicable registrations, taxes, and fees, including the collection and payment of sales tax.
  2. Pro Publisher Account. ($99/month) Includes all of the above services plus invoicing, front end e-commerce, and databasing of up to 100 titles (offering similar functionality to Quickbooks and Squarespace or comparable products). Creates product tip sheets, sell sheets, the ability to make product lists, and manage a database of unused ISBNs.
  3. Expert Publisher Account. ($149/month) Includes all of the above levels plus ONIX and EDI export and import capabilities, rights management capabilities, average turn time and error ratio calculator for up to 1,000 titles.
  4. Superuser Publisher Account. ($499/month) Includes all of the above three levels plus unlimited titles, reprints estimation calculator, and multiple warehousing locations.
  5. Retailer Account. To purchase goods through the Services as a Retailer, you need to establish a Retail Account, which is free. When you sign up as a Retailer, you will be required to submit customary information such as your first and last name, store type (e.g., online, brick & mortar), email address and other information about your business. Before you make your first purchase as a Retailer, you may be required to provide additional information such as payment method information, reseller ID number and related documentation and any other information as may be required by WorkingLit. Additional detail regarding information collected can be found in our Privacy Policy. For clarity, your use of the Services as a Retailer is subject to the Terms of Service. You acknowledge and agree that by submitting your application to become a Retailer, you authorize WorkingLit and its designated agents to access your personal and business credit history, including obtaining a consumer credit report, for the purpose of evaluating your eligibility for a line of credit with WorkingLit. You further understand that credit inquiries may impact your credit score. By submitting payment details in conjunction with registering for a Retailer Account and/or purchasing goods, you agree to pay for the goods purchased and any applicable taxes and other fees that may accrue, and authorize us to charge the payment method with the information you have supplied to us, and/or to credit such payment method to make any adjustments if necessary. We reserve the right to correct any errors in pricing. We, and the Publisher, have the right to refuse any order.

2.Account Information and Security

When you register, you provide us with some basic information, which may include an email address, user ID, and password ("Account Information"). To use the Website, you agree to provide WorkingLit with true, accurate, current, and complete information about yourself, and to keep your Account Information current and accurate. You agree to not allow others to access your account. You alone are responsible for anything that happens from your failure to maintain security and confidentiality, such as by sharing your Account Information with others, and we will not be liable for any loss or damage resulting from your failure to comply with these obligations. You agree to immediately notify us of any unauthorized use of either your password or account or any other breach of security. Additionally, you acknowledge that Internet transmissions are never completely private or secure and you understand that any message or information you send to the Website may be read or intercepted by others, even if it is encrypted.

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. 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 Site or user of the Services, or by anyone who may be informed of any of its contents.

The Services include content provided by third parties, including materials provided by other users, Members, and third party licensors. All statements and opinions expressed in these materials, and all articles and responses to questions and other Content, other than the Content provided by WorkingLit, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of WorkingLit. 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.

3.Your Content and Licenses

WorkingLit does NOT claim ANY ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, applications, or any other materials (collectively, "Your Content") that you upload on or through the Website. You represent and warrant that: (1) you own or have the right to reproduce Your Content uploaded by you on or through the Website, (2) the uploading and use of Your Content on or through the Website does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person, and (3) the uploading of Your Content on the Website does not result in a breach of contract between you and a third party. WorkingLit may be used to reproduce materials so long as such use is limited to reproduction of non-copyrighted materials, materials in which you own the copyright, or materials you are authorized or legally permitted to reproduce. WorkingLit performs technical functions necessary to offer the Website, including but not limited to reformatting Your Content to allow its use through the Website and using Your Content to make improvements to the Website and you hereby grant WorkingLit a non-exclusive, perpetual, transferable, fully paid, worldwide license to use, copy, prepare derivative works of Your Content to provide these services and in accordance with this Agreement. If you post any content on a public portion of the Website (such as comments, blurbs, or reviews), you grant WorkingLit a non-exclusive, irrevocable, perpetual, transferable, fully paid, worldwide license to use, copy, prepare derivative works of (including excerpting, in whole or in part), distribute, and publicly display that content on the Website.

WorkingLit maintains the right to assemble, create, and publish an anonymized data aggregate for the purposes of benefiting all users. This may include, but is not limited to, sales figures in units and dollars, customer types, book subjects, customer locations, titles bought alongside other titles, trending titles, shifting patterns and trajectories, top titles, and top customers. WorkingLit maintains the right to report a company's own information to that company. WorkingLit will never share specific data about individual publishers' or customers' or authors' identities, addresses, purchasing, or any other activity, other than that which is publicly available already. WorkingLit will not share your company's data about income, expenses, royalties, authors, forthcoming books, sales of those books, or other proprietary data. WorkingLit won't ever share your login or payment info, or that of your customers. You give consent for WorkingLit employees, owners, and contractors to access your data in order to provide customer and technical support. WorkingLit has users' permission to publicly reveal names of top titles and top customers. WorkingLit reserves the right to share aggregate, generalized, anonymized data with our users and the public in reporting industry trends, or for marketing purposes (e.g., showing that users expand their profitability by a certain percent through utilizing WorkingLit). Appropriate titles may be solicited to customers based on those customers' previous purchasing habits.

All information that WorkingLit collects about you when you apply for an account or use or visit the Services is subject to our Privacy Policy. By using the Services, you consent to the terms and conditions of the Privacy Policy and all actions taken by us in accordance with it.

4.Website Content and Intellectual Property

WorkingLit is not responsible for the quality of the data or the products the data describes, or the delivery of the orders, payments, royalties, or any other aspects of your business. The Website may contain text, images, software (including images or files incorporated in or generated by the software or data accompanying such software), photographs, video, graphics, audio, features, data, designs, images, and other such similar content (collectively "Website Content"). Unless otherwise expressly identified, Website Content is owned by us or by our third-party licensors. The Website Content is protected by United States and international copyright, trademark, and other laws. You may browse the Website and download Website Content solely for your personal use, provided you keep intact all copyright and other proprietary notices. We may in our sole discretion make changes to the Website Content at any time without notice. To the extent you use any Website Content you have paid for, such as templates, to create a custom designed product ("Custom Designed Product"), WorkingLit will grant you a fully-paid, worldwide, non-exclusive right and license to use the Custom Designed Product, provided you have paid for the Custom Designed Product in full. You are not obtaining any intellectual property rights from us in the final Custom Designed Product or the underlining template/custom design.

5.Guarantee and Warranty; Limitation of Liability

THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WORKINGLIT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, OR THE PRODUCTS, INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY LAW, WORKINGLIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WORKINGLIT DOES NOT WARRANT THAT THE WEBSITE, PRODUCTS, INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR ELECTRONIC COMMUNICATIONS SENT FROM WORKINGLIT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, WORKINGLIT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, OR FROM ANY PRODUCTS, INFORMATION, CONTENT, MATERIALS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

IN NO EVENT WILL WORKINGLIT BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY TYPE WHATSOEVER RELATED TO OR ARISING FROM THE WEBSITE OR ANY USE OF THE WEBSITE, OR OF ANY SITE OR RESOURCE LINKED TO, REFERENCED, OR ACCESSED THROUGH THE WEBSITE, OR FOR THE USE OR DOWNLOADING OF, OR ACCESS TO, ANY MATERIALS, INFORMATION, PRODUCTS, OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOST SAVINGS, OR LOSS OF PROGRAMS OR OTHER DATA, EVEN IF WORKINGLIT IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION AND WAIVER OF LIABILITY APPLIES TO ALL CAUSES OF ACTION, WHETHER BASED ON CONTRACT, WARRANTY, TORT, OR ANY OTHER LEGAL THEORIES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF WORKINGLIT ARISING OUT OF OR IN ANY WAY RELATED TO THE WEBSITE OR PRODUCTS EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS OR EXCEED THE GREATER OF $100 OR THE AMOUNTS PAID BY YOU TO WORKINGLIT IN CONNECTION WITH THE SERVICES IN THE PRECEDING TWELVE (12) MONTH PERIOD. THE FOREGOING SHALL CONSTITUTE WORKINGLIT'S SOLE LIABILITY AND OBLIGATION, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT, AND FOREVER DISCHARGE WORKINGLIT FROM AND AGAINST, AND COVENANT NOT TO SUE, FOR ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OF SERVICES, THE WEBSITE, AND THE PRODUCTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."

IN NO EVENT WILL WORKINGLIT'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR COLLECTIVE CONTENT EXCEED US$100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WORKINGLIT AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

6.Indemnification

You agree to indemnify and hold WorkingLit, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims, or expenses (including attorneys' fees), made against WorkingLit by any third party due to or arising out of or in connection to your violation of these Terms of Service, or with your use of the Website.

7.Dispute Resolution and Arbitration

This Agreement is governed by Oregon law. Any irreconcilable dispute arising out of or in connection with this agreement including any question regarding its existence, validity or termination, shall be referred to and finally resolved by binding arbitration under the laws of Oregon. The place of arbitration shall be Portland, OR. The party to force arbitration shall bear all costs. In the event any party to this Agreement employs an attorney to enforce any of the terms of the Agreement, the prevailing party shall be entitled to recover its actual reasonable attorney's fees and reasonable associated costs, including expert witness fees.

In the interest of resolving disputes between you and WorkingLit in the most expedient and cost effective manner, you and WorkingLit agree that every dispute arising in connection with these Terms of Service will be resolved by binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and is subject to very limited (if any) review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WORKINGLIT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

Despite the provisions of the preceding paragraph, nothing in these Terms of Service will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) to file suit in a court of law to address an intellectual property infringement claim.

Arbitrator

Any arbitration between you and WorkingLit will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879.

Notice; Process

A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if such other party has not provided a current physical address, then by electronic mail ("Notice"). WorkingLit's address for Notice is: WorkingLit, 2752 N Williams Ave. Portland, OR 97227. The Notice must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, you or WorkingLit may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or WorkingLit must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, WorkingLit will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by WorkingLit in settlement of the dispute prior to the arbitrator's award; or (iii) $1,000.

Fees and Procedure

The parties to the arbitration shall each pay an equal share of the costs and expenses of such arbitration, and each party shall separately pay for its respective counsel fees and expenses; provided, however, that the arbitrator may award attorneys' fees and costs to the prevailing party, except as prohibited by law. If you commence arbitration in accordance with these Terms of Services, WorkingLit will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Portland, Oregon, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse WorkingLit for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

The arbitrator may grant injunctions and other relief. The arbitrator shall administer and conduct any arbitration in accordance with the law of the jurisdiction in which the dispute arose, including civil procedure rules, and the arbitrator shall apply the substantive and procedural law of the jurisdiction in which the dispute arose. To the extent that the AAA Rules conflict with local law, local law shall take preference. The decision of the arbitrator shall be final, conclusive, and binding on the parties to the arbitration. The parties agree that the prevailing party in any arbitration shall be entitled to injunctive relief in any court of competent jurisdiction to enforce the arbitration award.

No Class Actions

YOU AND WORKINGLIT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR MEMBER OF ANY CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING except that users may bring a proceeding as a private attorney general, if and as allowed by law. Further, unless both you and WorkingLit agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. Nothing in this Agreement infringes upon any rights a User may have under the Sarbanes-Oxley Act, including any rights prohibiting compulsory arbitration.

Modifications to this Arbitration Provision

If WorkingLit makes any future change to this arbitration provision, other than a change to WorkingLit's address for Notice, you may reject the change by sending us written notice within 30 days of the change to WorkingLit's address for Notice, in which case your account with WorkingLit will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

Enforceability

If the "No Class Actions" section is found to be unenforceable or if the entirety of this Section 8 is found to be unenforceable, then the entirety of this Section 8 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 9 will govern any action arising out of or related to these Terms of Service.

Right to Opt Out of Arbitration

You may submit a statement notifying WorkingLit that you wish to opt out and not be subject to arbitration under this section. Should you desire to opt out, you must notify WorkingLit of your intention to opt out by submitting a written notice, which may be via email to legal@workinglit.com, stating that you are opting out of this section. In order to be effective, your opt out notice must be provided within thirty (30) days of your agreeing to these Terms. Should you timely opt out of this section, you may pursue available legal remedies and will not be required to arbitrate claims.

8.Choice of Law

These Terms are governed by and construed in accordance with the laws of the State of Oregon, United States of America, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Portland, Oregon, U.S.A.

9.Termination of Service

WorkingLit may terminate your privilege to use or access the Website immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Website and agree not to access or make use of, or attempt to use, the Website. Furthermore, you acknowledge that WorkingLit reserves the right to take action — technical, legal or otherwise — to block, nullify or deny your ability to access the Website. You understand that WorkingLit may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to WorkingLit.

All provisions of these Terms of Service which by their nature shall survive the termination of your access to the Website, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.

10.Intellectual Property

The entire content and materials contained on the Website, including, but not limited to, audio, video, images, text, user interface, scores, logos, the selection and arrangement of the Website and other intellectual property (the "Content") are owned by or licensed to WorkingLit to the fullest extent under the copyright laws of the United States and other countries. Images of people or places displayed on the Website are either the property of, or used with permission by, WorkingLit. You may not reproduce, republish, transmit, upload, distribute, copy or publicly display any of the Content without our prior written consent. We neither warrant nor represent that your use of materials displayed on the Website will not infringe rights of third parties not owned by or affiliated with the WorkingLit. We may redesign the Website in our sole discretion at any time.

11.Restrictions on Use

You may not use the Website or contents set forth therein for any illegal purpose or in any manner inconsistent with the Terms of Service. You agree to use the service solely for your own use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity, except that Section 4 of these Terms of Service shall govern any Custom Designed Product. You agree not to use, transfer, distribute, or dispose of any information contained in the service in any manner that could compete with the business of WorkingLit.

Modification of WorkingLit's content without prior permission via a "pull request" (which is usually given freely and reasonably) is a violation of the copyrights and other proprietary rights of WorkingLit or its subsidiaries. Additionally, you may not monetize or offer any part of the service for sale or distribute it over any other medium including but not limited to a computer network or hyperlink framing on the internet without the prior written consent of WorkingLit. The Website and the information contained therein may not be used to construct a database of any kind. The Website and content contained therein may not be stored (in its entirety or in any part) in databases for access by you or any third party or to distribute.

In the absence of a contrary agreement, you may not use any of the trademarks, trade names, service marks, copyrights, or logos of WorkingLit or its subsidiaries suppliers or affiliates in any manner which creates the impression that such items belong to or are associated with you or, except as otherwise provided herein, are used with WorkingLit's consent, and you acknowledge that you have no ownership rights in and to any of such items. You will not use the service or the information contained therein in unsolicited mailings or spam material. You will not use any trademarks, trade names, service marks, copyrights, or logos of WorkingLit or its subsidiaries in unsolicited mailings or spam material. You will not spam or send unsolicited mailings to any person or entity using the Website.

12.No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and WorkingLit is intended or created by this Agreement. Users are not WorkingLit's representative or agent, and may not enter into an agreement on WorkingLit's behalf.

13.Digital Millennium Copyright Act

We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Website, you may contact our Designated Agent at the following address:

WorkingLit, 2752 N Williams Ave. Portland, OR 97227

Any notice alleging that materials hosted by or distributed through the Website infringe intellectual property rights must include the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
  2. A description of the copyright-protected work or other intellectual property right that you claim has been infringed;
  3. A description of the material that you claim is infringing and where it is located on the Service;
  4. Your address, telephone number, and email address;
  5. A statement by you that you have a good faith belief that the use of those materials on the Service is not authorized by the copyright owner, its agent, or the law; and
  6. A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

WorkingLit will promptly terminate without notice the accounts of users that are determined by WorkingLit to be "Repeat Infringers." A Repeat Infringer is a user who has been notified of infringing activity or has had user content removed from the Website at least twice.

14.Links to Other Sites and Materials

As part of using the Website, WorkingLit may provide you with links to third party website(s) ("Third Party Sites") as well as content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). WorkingLit has no control over Third Party Sites and Third Party Applications, Software, or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software, or Content. Such Third Party Sites and Third Party Applications, Software, or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by WorkingLit, and WorkingLit is not responsible for any Third Party Sites accessed through the Website or any Third Party Applications, Software, or Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to, or permitting the use or installation of any Third Party Site or any Third Party Applications, Software, or Content does not imply approval or endorsement thereof by WorkingLit. If you decide to leave the Website and access the Third Party Sites or to use or install any Third Party Applications, Software or, Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Website or relating to any applications you use or install from the site.

15.Privacy

WorkingLit's current privacy policy is available on the Website at workinglit.com/privacy (the "Privacy Policy"), which is incorporated by this reference. In accordance with the Privacy Policy, we may collect information about the location of your device each time you use the Website, or when you otherwise consent to the collection of this information. We strongly recommend that you review the Privacy Policy closely.

16.Electronic Communications

The communications between you and WorkingLit use electronic means, whether you use the Website or send us emails, or whether WorkingLit posts notices on the service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from WorkingLit in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that WorkingLit provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing.

17.Notice

Communications made through the Service's e-mail and messaging system, will not constitute legal notice to WorkingLit or any of its officers, employees, agents or representatives in any situation where notice to WorkingLit is required by contract or any law or regulation.

Any such notice must be sent to:

WorkingLit, 2752 N Williams Ave. Portland, OR 97227

Under California Civil Code Section 1789.3, California users of the Website receive the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.

18.Changes and Amendments to Terms

These Terms of Service are effective as of the "Last Modified" date identified at the top of this page. We expressly reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review the Website and these Terms of Service from time to time and to familiarize yourself with any modifications. Your continued use of the Website after such modifications will constitute acknowledgement of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service. However, for any material modifications to the Terms of Service or in the event that such modifications materially alter your rights or obligations hereunder, such amended Terms of Service will automatically be effective upon the earlier of (i) your continued use of the Website with actual knowledge of such modifications, or (ii) 30 days from publication of such modified Terms of Service on the Website. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the Terms of Service in effect at the time such dispute arose.

19.General Terms

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of WorkingLit to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.

WorkingLit may assign or delegate these Terms of Service and/or WorkingLit's Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent, including, but not limited, to a subsidiary or an acquirer of assets. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without WorkingLit's prior written consent, and any unauthorized assignment and delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.

Miscellaneous

The failure by WorkingLit to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of WorkingLit. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect. Throughout these Terms, the word "include" or "including" means "including, but not limited to". Provisions that by their nature are intended to survive the termination of these Terms or your use of the Services will survive.

Over and above the preceding agreement, the two parties agree to work together in the spirit of mutual respect and friendship, in mutual benefit, to quickly resolve any differences or concerns in good faith and assume that the other party has good intentions as we move positively forward. Both parties agree to take the time for empathy, to see and treat each other as real human beings who are sometimes overwhelmed.

Under California Civil Code Section 1789.3, users of the Website from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Services ("Feedback"). You acknowledge and agree that if you submit any Feedback to us (through any communication channel), you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

Contact us

If you have feedback, comments, questions, or concerns about these Terms of Service or any other aspect of the WorkingLit software, you can reach us through our contact page.