Terms of Service
Welcome to H2WorkForce! We operate a private marketplace that allows you to share employees using our website subject to your compliance with the terms and conditions set forth below. Do read through the following Terms of Service (the “Terms”) carefully before using the H2WorkForce platform (the “Site”) and any of other services (collectively the “Services”). By using our Site, you'll be agreeing to our Terms. The Terms are here for you so that you are aware of your legal rights when using our services.
The Terms will be treated as a legally binding agreement is made between H2WorkForce (referred to individually or collectively as "H2WorkForce", "we," "us", or "our") and you, the Site visitor, and/or registered user ("you"). We reserve the right at any time to:
- Change the Terms;
- Change the Site, including eliminating or discontinuing any content on or feature of the Site, restricting the hours of availability or limiting the amount of use permitted; or
- Change any fees or charges for the use of the Site, including instituting new or increased fees or charges for the use of the Site or Services or any feature thereof.
Any changes we make will be effective immediately upon notice, which we may provide by any means, including, without limitation, posting on the Site or via electronic mail. Your use of the Site after such notice will be deemed acceptance of such changes. Be sure to review these Terms periodically to ensure familiarity with the most current version. Upon our request, you agree to sign a non-electronic version of this Agreement.
You must be at least 18 years of age to use the Site.
Incorporation by Reference
The terms and conditions of the following documents are incorporated herein by reference:
- WorkForce Service Agreement
- WorkForce Employee Agreement
- WorkForce Program Rules
In the event of a conflict between the Terms and any of the foregoing, H2WorkForce will, in its sole discretion, determine which should govern. In the absence of such a determination, or until such determination is made, these Terms will govern.
Ownership; Proprietary Notices
© 2021 H2 WorkForce
The Site, including all pages within and all code related thereto, is the property of H2WorkForce. No portion of the materials or code on these pages or anywhere on the Site may be reprinted or republished (other than as is necessary to view the page on your monitor) in any form without our express written permission.
All trademarks and/or service marks used in this Site are the trademarks and/or service marks of their respective owners.
The Site is owned and operated by us in conjunction with others pursuant to contractual arrangements. Unauthorized use of the materials on the Site may violate copyright, trademark, patent, and other laws and is prohibited. You acknowledge that you do not acquire any ownership rights by using the Site.
Warranty Information; Disclaimer
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED, PURCHASED, OR OTHERWISE MADE AVAILABLE THROUGH THE SITE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, H2WORKFORCE AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, SPONSORS, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT NEITHER H2WORKFORCE, ITS SUBSIDIARIES, AFFILIATES, SPONSORS, SUPPLIERS NOR AGENTS MAKES ANY REPRESENTATION AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SITE OR THE SITE-RELATED SERVICES.
H2WORKFORCE AND ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, AND AGENTS DO NOT WARRANT THAT YOUR USE OF THE SITE OR THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE (OR THE SERVER(S) ON WHICH IT IS HOSTED) OR SOFTWARE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE THAT YOU ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELEPHONE, COMPUTER HARDWARE, AND OTHER EQUIPMENT NEEDED TO ACCESS AND USE THE SITE AND ALL CHARGES RELATED THERETO. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND THE SOFTWARE AND YOUR RELIANCE THEREON. NO OPINION, ADVICE, OR STATEMENT, WHETHER MADE ON THE SITE OR OTHERWISE, SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND ANY MATERIALS PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.
You acknowledge that the Site could include inaccuracies or errors or materials that violate these Terms. Additionally, you acknowledge that unauthorized additions, deletions, and alterations could be made by third parties to the Site. Although we attempt to ensure the integrity and the accuracy of the Site, we make no guarantees whatsoever as to the Site's completeness or correctness. In the event that such a situation arises, please contact us at firstname.lastname@example.org with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on "Claims of Copyright Infringement".
The Site is only a venue allowing for the posting by employers of available job opportunities at their companies or employers who have employees who are available for short-term assignment (hereinafter referred to collectively as "employers"). We do not evaluate or censor the information posted to the Site. Moreover, we are not involved in the actual transaction, if any, between employers, potential employers, and employees. Consequently, we have no control over the quality, safety, or legality of the job listings or resumes posted to the Site, the truth or accuracy of such job listings, the ability of employers to hire employees, or the ability of employees to fill job openings.
Because user authentication on the Internet is difficult, the Company cannot and does not confirm that users are who they claim to be. Because we do not and cannot be involved in user-to-user transactions or control the behavior of the Site's users, in the event that you have a dispute with one or more Site users, you release H2WorkForce (and its subsidiaries, affiliates, agents, and employees) from all claims, demands, and damages (actual and consequential, direct and indirect) of any kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes. You acknowledge that there may be certain risks, including but not limited to the risk of physical harm and of dealing with strangers, underage persons, or people acting under false pretenses associated with pursuing relationships begun on the Internet. You assume all risks related to dealing with other users with whom you have had contact through the Site.
You acknowledge and agree that you are solely responsible for the form, content, and accuracy of any job listing or other material you post to the Site. We neither warrant nor guarantee that a resume or job posting will be viewed by any specific number of users or that a resume or job listing will be viewed by any user. We are not to be considered as an employer with respect to your use of the Site, and we shall not be responsible for any employment decisions made by any entity posting job listings or other information to the Site.
Limitation of Liability
NEITHER H2WORKFORCE NOR ITS SUBSIDIARIES, AFFILIATES, SUPPLIERS, ADVERTISERS, AGENTS, OR SPONSORS ARE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE AND/OR CONTENT CONTAINED ON THE SITE, OR ANY PRODUCT OR SERVICE PURCHASED THROUGH THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE. THE SOLE AND EXCLUSIVE MAXIMUM LIABILITY TO H2WORKFORCE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, OR OTHERWISE) SHALL BE THE TOTAL AMOUNT PAID BY YOU, IF ANY, TO ACCESS THE SITE.
This Site may contain links to other websites operated by third parties ("Linked Sites"). We neither control nor endorse such other websites nor have we reviewed or approved any content that appears on the Linked Sites. You acknowledge that when you click on a link to visit a Linked Site, a frame may appear that contains our logo, advertisements, and/or other content selected by us. You acknowledge that we neither endorse nor are affiliated with the Linked Sites and are not responsible for any content that appears on the Linked Sites. You also acknowledge that the owner of the Linked Site neither endorses nor is affiliated with the H2WorkForce.
H2WorkForce reserves the right to limit the availability of the Site and/or the provision of any product or service described thereon to any person, geographic area, or jurisdiction it so desires at any time and in our sole discretion and to limit the quantities of any such product or service that we provide.
You agree to indemnify, defend and hold us, our affiliates, sponsors, officers, directors, employees, agents, and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, (b) your violation of the Code of Conduct, and/or (c) your activities in connection with the Site or Site-related services.
In consideration of your use of the Services, you expressly agree to waive, release and hold H2WorkForce, our employees, officers, and agents harmless from and against any and all claims or causes of action, and you hereby agree to voluntarily give up or waive any right that you may otherwise have to bring legal action against H2WorkForce, our employees, officers, and agents for wrongful death, personal injury, property damage, reputational damage and other causes of action known or unknown. You agree to hold H2WorkForce, our employees, officers, and agents harmless from and against any losses, liabilities, costs, damages, or expenses which result from your participation in the Services, regardless of whether or not caused in whole or part by the fault of any of H2WorkForce, our employees, officers, and agents.
Code of Conduct
While using the Site or Site-related services, you agree not to do any of the following without our prior written authorization:
- Knowingly post any inaccurate, untimely, stale, incomplete, or misleading information.
- Resell or make available to any person not expressly licensed, whether via phone, fax, e-mail, mail, or any other medium, any of the Services, or any information obtained therefrom.
- Allow job postings or employment requirements to remain posted on the Site for more than 24 hours after they are no longer viable or valid. To the extent that a position is placed on "hold" or is otherwise not available for immediate placement, the posting must be removed from the Site until such time as the position is a viable opening.
- Engage in spamming, flooding, soliciting, or mass marketing via e-mail, direct mail, telephone, or otherwise to users of the Site.
- Respond to a job listing on behalf of anyone other than yourself.
- Delete or revise any material posted by any other person or entity.
- Restrict or inhibit any other user from using and enjoying the Site and services, including, without limitation, by means of "hacking" or defacing any portion of the Site.
- Post or transmit (a) any incomplete, false or inaccurate information (b) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful, or that infringes on our or any third party's intellectual property or other rights; (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication; (d) any information or software that contains a virus, worm, Trojan horse or other harmful or disruptive component; (e) any trade secret of any third party; or (f) any material, nonpublic information about companies without the authorization to do so.
- Post or transmit any job advertisement or posting that does not comply with applicable law, including, but not limited to, United States federal, state and local laws relating to equal employment opportunity and employment eligibility verification; including post or transmit any job advertisement or posting that require a visa as a condition of employment; or that require United States citizenship or lawful permanent residence in the United States as a condition of employment, except when necessary to comply with law, regulation, executive order, or government contract.
- Use the Site for any unlawful commercial, research, or information gathering purposes.
- Communicate, send, or place unsolicited e-mail, telephone calls, mailings, or other contacts to posting individuals and entities.
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site.
- Remove any copyright, trademark, or other proprietary rights notices contained in the Site.
- "Frame" or "mirror" any part of the Site.
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents.
- Print out or otherwise copy or use any personally identifiable information about employees for purposes other than consideration of the employees for potential employment by your company.
H2WorkForce assumes no responsibility or liability for any personnel selected by your company. Selection, retention, or hiring of any individual or entity is based solely on your company's investigation, verification, and determination that such hire is suitable for your company's purposes.
You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Site and Services.
H2WorkForce has no obligation to monitor the Site. However, you acknowledge and agree that H2WorkForce has the right (but not the obligation) to monitor the Site and the materials you transmit or post, to alter or remove any such materials (including, without limitation, any posting to the Site), and to disclose such materials and the circumstances surrounding their transmission to any third party in order to operate the Site properly, to protect itself, its sponsors, its registered users, and visitors, and to comply with legal obligations or governmental requests. H2WorkForce reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it deems in its sole discretion to be unacceptable, offensive, or in violation of this Agreement. H2WorkForce also reserves the right to prohibit any user who, in H2WorkForce's sole discretion, violates the Code of Conduct or other terms of this Agreement from using the Site and related services. Such prohibition may occur without notice to the user.
By sending or transmitting to us resources, information, ideas, notes, concepts, trademarks, service marks, or other materials (including, but not limited to, job postings) (collectively, "Content"), or by posting such Content to any area of the Site, you grant us and our designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to link to, reproduce, distribute (through multiple tiers), adapt, create derivative works of, publicly perform, publicly display, digitally perform or otherwise use such Content in any media now known or hereafter developed. You hereby grant H2WorkForce permission to display your logo, trademarks, and company name on the Site and in press and other public releases or filings. PLEASE NOTE THAT YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS, AND SERVICE MARKS IN ANY CONTENT YOU SUBMIT.
Communications between the H2WorkForce and the users of the Site are not confidential.
Registration; Use of Secure Areas and Passwords
Some areas of the Site may require you to register with us. When and if you register, you agree to (a) provide accurate, current, and complete information about yourself as prompted by our registration form (including your e-mail address and phone number) and (b) to maintain and update your information (including your e-mail address and phone number) to keep it accurate, current, and complete. You acknowledge that should any information provided by you be found to be untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement with you and your use of the Site.
As part of the registration process, you will be asked to select a password. You will be responsible for the confidentiality and use of your password and agree not to distribute, transfer or resell your use of or access to the Site to any third party. If more than one individual wishes to use a single password belonging to a registered user, such registered user must request permission from H2WorkForce in writing, it being understood that H2WorkForce shall be under no obligation to approve any such request. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD AND SOLELY AND ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
This Agreement is entered into in the State of Colorado and shall be governed by and construed in accordance with the laws of the State of Colorado, exclusive of its choice of law rules. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in Denver County in the State of Colorado for any dispute arising under or in connection with this Agreement, the Site or any Site-related services, and waives any jurisdictional, venue, or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys' fees. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Failure of any party to insist upon strict compliance with any of the terms and conditions of this Agreement shall not be deemed a waiver or relinquishment of any similar right or power at any subsequent time.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. This Agreement is not assignable, transferable, or sub-licensable by you except with prior written consent. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. H2WorkForce reserves the right in its sole discretion to terminate the use of the Site by a user at any time.