Terms and Conditions

Last updated on April 8, 2019

1. Welcome to the Healthy Work Campaign! This website, HealthyWork.org (the “Site”) is owned, operated and maintained for its visitors as a non-profit project of the Center of Social Epidemiology, a 501(c)(3) non-profit foundation (“Healthy Work Campaign,” “we,” “us” or “our”). We are excited for you to use our Site.  By using our Site, you acknowledge that you have read, understand, and agree to be bound by all the terms and conditions that follow. Please review these terms and conditions carefully.  IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU SHOULD IMMEDIATELY EXIT, DISCONTINUE, AND NOT USE THE SITE.
2. Agreement. These terms and conditions (this “Agreement”, the “Terms”, or these “Terms and Conditions”) specify and describe the terms and conditions for access to and use of the Site, and any other services provided on the Site. These Terms and Conditions may be modified at any time by the posting of an updated version on the Site.  Any updated versions of these Terms and Conditions will be effective immediately and supersede prior versions.  Each subsequent use of the Site will be deemed your unconditional acceptance of the current version of the Agreement.  If you do not agree with the current version of the Agreement, please discontinue your use of the Site. You can view the most recent version of the Terms and Conditions at any time at www.healthywork.org/terms.  If you have any questions about these Terms and Conditions, please reach out to us at contact@healthywork.org.
3. Privacy. Your use of the Site is also governed by our Privacy Policy. Please carefully review our Privacy Policy at www.healthywork.org/privacy.  The Privacy Policy is expressly incorporated into these Terms and Conditions by reference and is made part of this Agreement.  To avoid doubt, in addition to these Terms and Conditions, by using the Site you confirm that you have read, understand, and agree to be bound by our Privacy Policy. Any capitalized terms in this Agreement which are not defined shall carry their meaning as set forth in the Privacy Policy.
4. Additional Terms. As the Healthy Work Campaign continues to grow, in addition to updating these Terms and Conditions, added Site features may have their own set of supplemental terms and conditions that apply in addition to these Terms and Conditions (“Additional Terms”). If these Terms and Conditions directly conflict in any way to any Additional Terms, the Additional Terms will control, but only as to those features of the Site for which the Additional Terms may reference. Please review Section 28 below for more information about Additional Terms.
5. Intended Audience. The Site is not intended for use by children under the age of 13. Your use of the Site is an affirmative representation that you are 13 years of age or older.  Any access to or use of the Site by anyone under the age of 13 is prohibited.
6. Definitions. For purposes of this Agreement:“Content” means all text, data, comments, graphics, surveys, images, files (downloadable or otherwise), infographics, web links, videos and photographs, without limitation, found on or accessible through the Site.“Site Content” means all Content that the Health Work Campaign itself uploads or publishes to or through the Site, including Content licensed from a third party, but excluding User Content.

   “User” refers to any Site visitor, whether or not they have provided any Content, Personal Information, or registered in any way with the Site.

   “User Content” means all Content that a User posts, uploads, publishes, submits, or transmits to or through the Site, including any Content or Share Your Story Information (as the term is described below).

7. User Access and Site Features. To access or participate in certain features or services of the Site, you may be required to submit to us personal information, including Personally Identifiable Information (as defined in the Privacy Policy) and/or User Content. The submission of any such information, including Personal Information, may result in certain segments of that information or Content being publically displayed on the Site.  Please visit our Privacy Policy to learn more about how we may use any data or information you submit to us.
8. Intellectually Property, Trademark, and Copyright Ownership. The Site and Site Content are protected by copyright, trademark, and other laws of the United States and foreign countries. All logos, slogans, tradenames, service marks, and other proprietary designations, are trademarks or registered trademarks of the Site’s owners, subsidiaries, affiliates and partners, or other respective third parties.  Except as otherwise provided in this Agreement, Healthy Work Campaign and its partners exclusively own all right, title, and interest in and to the Site and Site Content, including all associated intellectual property rights.  Any copying, redistribution, use or publication of the Site or Site Content, except as permitted in this Agreement or otherwise expressly authorized, is prohibited.  You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights, notices or designations incorporated in or accompanying the Site or Site’s Content.
9. User License. Provided that you adhere to these Terms and Conditions, we grant you a limited, revocable, nonexclusive, non-transferable, without the right to sublicense, license to: (a) access, view, download and print Site Content, only solely for your personal and non-commercial purposes, and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, commercial, or other use (the “User License”).  You are expressly prohibited from doing or causing to be done any of the following for any commercial or profit-making purposes: using, copying, adapting, modifying, preparing derivative works based upon, distributing, licensing, selling, transferring, publically displaying, publically performing, transmitting, streaming, broadcasting, or otherwise exploiting, any Site Content unless expressly authorized in this Agreement or invited to do so on the Site (such as an invitation to share Site Content on social media platforms through a native button located on the Site).  Your use of the Site is discretionary and we may terminate your User License at any time, without prior notice or warning.  Any User License prohibitions shall not be construed in any way to prevent a User from using Site Content consistent with and pursuant to fair use doctrines under U.S. Copyright law.  Healthy Work Campaign encourages Users to share and utilize Site Content to further expand our message and purpose (but again, strictly for non-commercial purposes).
10. User Content & Share Your Story Information. The Site allows users to upload and/or submit information and User Content to the Site, including through its “Share Your Story” page, information which constitutes “Share Your Story Information” under the Privacy Policy. Submission of any Share Your Story Information on the Share Your Story page or elsewhere on the Site may be subject to Additional Terms as shall be set forth on such form or submission page.  In any case, by submitting any Share Your Story Information or User Content to the Site, you grant Healthy Work Campaign a worldwide, perpetual, non-exclusive, royalty-free license to use, copy, adapt, modify, distribute, publically display, transmit, stream, broadcast, access, view by means of the Site and any other means, including the right to share or preview such information in part or whole on social media platforms, as well as anonymously in our Healthy Work Now articles and newsletters (“User Content License”).  The User Content License shall survive any non-compliance or termination of this Agreement (by either party) and any termination, deactivation, or suspension of your access to the Site or User License.For avoidance of doubt, the User Content License granted to us by your use of the Site includes a right to collect and use any aggregate data generated by your use of the Site.  We may use this data with our partners, to conduct academic studies, to improve the functionality of Healthy Work Campaign, or for other purposes consistent with the purpose of the Site. For a more detailed description of how we may use this aggregate data, see our Privacy Policy.We may, at our sole discretion, feature your User Content on the home page of the Site or on any affiliated websites, including for the purposes of a petition.  We may also publicize User Content in the media at our sole discretion. If we choose to feature or publicize or call for a petition concerning your User Content, this does not constitute an endorsement of your User Content or petition by Healthy Work Campaign.

    We may, but have no obligation to, review any User Content submitted to the Site.  We reserve the right to remove User Content for any reason, including without limitation, the belief that such Content violates, or may violate, any applicable law, any term of this Agreement, or to defend our rights or the rights of any third party, including our licensors.  We also reserve the right to remove any Content, upon the request of any third party, but have no obligation to do so unless as required by law, court order, binding agreement, or other authority.

    As a condition of your use of the Site and ability to post, upload, or publish User Content, you agree to not post, upload, submit, publish, or transmit any User Content that: (a) restricts, inhibits, or attempts to restrict or inhibit, any other User from using, engaging, and enjoying the Site, whether by methods of intimidation, threats, social bullying, or otherwise; (b) is pornographic, profane, indecent, unlawful, violent, promoting violence, threatening, promoting threats, abusive, obscene, vulgar, libelous, defamatory, fraudulent, false, deceptive or misleading, including without limitation any Content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; (c) violates, infringes or misappropriates the rights of third parties, including Content that would constitute an invasion of privacy or publicity rights, or is protected by copyright, trademark or other proprietary rights, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; (d) contains a computer, data, or other virus or is otherwise harmful to the Site, its Users, and other site visitors; (e) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (f) promotes illegal activities or harmful activities or substances; (g) is an unsolicited or unauthorized advertising, including promotional materials; (h) impersonates or misrepresents your affiliation with any person or entity; (i) encourages or enables any other individual to do any of the foregoing.

    To be clear, we have no obligation to monitor User Content, but we may do so at our sole discretion.  We reserve the right at all times to investigate, prosecute, and disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any User Content, in whole or in part, that in our sole discretion is objectionable, in violation of these Terms and Conditions, or otherwise harmful to Site visitors, other Users and the Platform.

11. Your Representations and Warranties with Regard to User Content. You are solely responsible for the User Content, you upload, transmit or submit to the Site. You represent and warrant that: (i) you are either the sole and exclusive owner of the User Content or (ii)  that you have all the necessary rights, licenses, consents and releases to grant Healthywork.org and the Healthy Work Campaign the rights described in the User Content License and otherwise contemplated under this Agreement; and (iii) the User Content, nor any uploading, publication, submission, transmission, nor our use of the same on or through the Site, will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights, or other proprietary or intellectual property rights, or rights of publicity or privacy, nor will it result otherwise in the violation of any applicable law or regulation; and (iv) the User Content you are providing in connection with any Share Your Story Information is verifiably true and does not constitute libel, slander or any other claim of defamation that may be alleged by a former employer, supervisor or other third party.
12. Medical Disclaimer. All information found on the Site, including all Content and other material and third party website links, are made available for informational and educational purposes only and do not constitute medical advice. Importantly, all information and Content on the Site is not intended to be a substitute for professional medical advice, diagnosis, or treatment.  Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.You understand and acknowledge that all Users of the Site are responsible for their own medical care, treatment, and oversight.  All of the Content provided on the Site, including text, treatments, recommendations, outcomes, charts, profiles, graphics, photographs, images, advice, messages, and User Content, if any, are for informational purposes only and DO NOT CONSTITUTE THE PROVIDING OF MEDICAL ADVICE and is not intended to be a substitute for independent professional medical judgment, advice, diagnosis, or treatment.  The content is not intended to establish a standard of care to be followed by a User of the Site. You understand and acknowledge that you should always seek the advice of your physician or other qualified health provider with any questions or concerns you may have regarding your health.Medical information changes constantly. Therefore the information on the Site or on the linked websites should not be considered current, complete or exhaustive, nor should you rely on such information to recommend a course of treatment for you or any other individual. Reliance on any information provided on this website or any linked websites is solely at your own risk.

    The Healthy Work Campaign does not recommend or endorse any specific tests, products, procedures, opinions or other information that may be provided on any third party linked websites.  Under no circumstances is the Healthy Work Campaign responsible for the claims of third party websites or educational providers.

    If you think you may have a medical emergency, call your doctor, go to the nearest hospital emergency department, or call emergency services immediately at 911.

    FOR AVOIDANCE OF DOUBT, ALL CONTENT ON THE SITE IS PROVIDED ON AN “AS IS” BASIS.” RELIANCE ON ANY INFORMATION PROVIDED BY THE SITE IS TO BE MADE SOLELY AT YOUR OWN RISK. WE MAKE NO WARRANTY OR REPRESENTATION ABOUT THE INFORMATION CONTAINED ON THE SITE OR ABOUT THE RESULTS FROM YOUR USE OF THE SITE.  WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU.  YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING IT.

13. Common Sense and Good Manners. Please be respectful when interacting with us and our audience on our social media channels, through our submission forms, as well as when relaying your User Content.  Do not resort to personal attacks of any kind.  For example, if you are sharing a story about the conduct of a supervisor at your workplace, please do not make disparaging comments about their appearance, upbringing, race, nationality, or other protected class characteristics; instead, focus on their conduct in the workplace.Please use common sense when you share any User Content with the Site.  Your User Content may be visible to other users and could be shared outside of the Site.  It is your responsibility to make sure you do not post or submit any User Content you do not want others to see.  It is equally important that what you share directly with us is verifiably true.  If you are in a position where you do not want to share personal details through our “Share Your Story” page or otherwise, because your safety is at risk, please withhold all personal identifiers.  Your health, safety and overall well-being is our top priority. We are not responsible for any actions taken by any third-parties as a result of any User Content, including any Share Your Story Information or otherwise, submitted to or through the Site.
14. Prohibited Content. Commercial use of the Site is absolutely prohibited. You may not use Healthy Work Campaign or the Site for any business or for-profit purposes.  For example, you are not permitted to use the Site to advertise any products or services in any way.  We will block those attempts immediately.  Healthy Work Campaign values respectful dialogues and exchange of ideas. Do not post any content that advocates hate, violence, abuse, threats, or harm against any person, entity or group.  Similarly, do not post any content that bullies, harasses, or encourages others to bully or harass, any person entity or group.  Any Content that is racist, sexist, or otherwise prejudiced towards any person or group is absolutely prohibited.  Do not submit to our Site or post on our social media channels any Content that is vulgar, obscene, or pornographic.  You may not use the Site to promote or encourage illegal, unethical, or unlawful activity.  You may not post Content that is defamatory, libelous, or slanderous.  You may not post Content that infringes on the rights of any third-party, including copyright or intellectual property rights, or that discloses confidential information or trade secrets, or that violates any right or duty you may have under law.  Keep in mind that this is not a complete list of prohibited Content.  If we discover any User Content that is contrary to the spirit of these Terms or is not in line with the aims of this Site, we may remove it at our sole discretion.
15. Prohibited Uses. These Terms and Conditions are designed to protect you and the Site’s other users, as well as ensure that HealthyWork.org can function as intended—namely, as a space where individual workers, organizations, and other stakeholders can come together to understand and pursue healthy work in their workplaces. If you violate these Terms and Conditions, we may revoke your access to the Site and remove any data or Content in violation, and suspend or revoke your User License.  Any decision to revoke access or remove Content submitted to Healthywork.org shall be made in Healthy Work Campaign’s sole and absolute discretion.  We may, without limitation, also remove any provided information that might be false, fraudulent, inaccurate, incomplete, or out-of-date.You may only use the Site as intended. Do not engage in any activity that may disrupt the Site’s servers.  Do not attempt to access to the Site in any way that is inconsistent with the instructions or opportunities we provide.  Do not attempt to interfere with, circumvent, or disable any of the Site’s security features.  Similarly, do not upload, post, email, or transmit any viruses or other malicious programs or Content that are designed to damage or interfere with any computer system, server, data, or personal information.  Do not attempt to gain access to any other users account or password. You may not web-scrape or collect usernames, contact information, email addresses, or any other information from other users of the Site to solicit business.  You may not post advertisements of any kind for a business on the Site. You may not sell products, raise funds, or solicit contributions except with the written consent of the Healthy Work Campaign.  You are not permitted to use, copy, modify, or distribute any other person’s content posted manner inconsistent with the Site’s purpose or these Terms.  You may not copy, forward, or otherwise disclose the Personally Identifying Information of any Healthy Work Campaign user or visitor. Do not post information that is false or misleading, including impersonating any person or entity. We do not regularly monitor your communications with other users of the Site.  If, however, we receive notice or complaints of any behavior contrary to the spirit of these Terms, we reserve the right to monitor your communications and take other appropriate action at our sole discretion.
16. Third Party Service Providers and Web-Sites. The Site may contain offers to connect you to third-party service providers, including other websites, in order to further the purposes of the Healthy Work Campaign or the Site.  Your use of any third-party service provider or website may be governed by that third-party service provider or websites’ own terms and conditions and privacy policies, and as such, you agree to abide by those terms during your use of such services on the Site.  We urge you to review the terms and conditions and privacy policies of any third-party service providers or websites before using their services.  We are not responsible for any issues caused by the Site’s incorporation or connectivity with any third-party service providers or websites.  The Site may also provide access to and/or hyperlinks to third-party websites that are not maintained by us.  These third-party websites may provide you with information that may or may not be directly or indirectly related to the Healthy Work Campaign purpose.  In all cases, the Healthy Work Campaign is not responsible or liable for the accuracy, content, products, services, privacy, security, or other practices of any such third party services providers or websites.  THE SUBMISSION OF ANY INFORMATION TO ANY THIRD PARTY SERVICE PROVIDER, ONLINE MERCHANT, OR OTHER WEBSITE THAT IS DIRECTLY OR INDIRECTLY LINKED TO OUR SITE IS NOT UNDER OUR CONTROL AND WE ARE NOT RESPONSIBLE OR PRIVY TO THEIR BUSINESS PRACTICES, MERCHANTBILITY, OR ACTIONS.  IF YOU DECIDE TO ACCESS ANY THIRD PARTY SERVICES, WEBSITES, ONLINE MERCHANTS, OR ANY CONTENT OR OTHER WEBSITES LINKED FROM THE SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK AND SUBJECT TO THE PRIVACY POLICIES AND TERMS AND CONDITIONS SET FORTH BY SUCH RESPECTIVE PARTIES.  THEIR TERMS AND CONDITIONS AND PRIVACY POLICIES MAY DIFFER GREATLY FROM OURS.If the Site provides access to or a link to a third party service provider or website, or if the same links back to our Site, it is not an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us, unless otherwise explicitly stated by us.A website that links back to our Site: (i) may describe and summarize, review and link to, but – without express, written consent – may not replicate our content; (ii) may not create a browser, border environment or frame our content; (iii) may not imply that we are endorsing it or its products, services, or furthering its purpose; (iv) may not misrepresent its relationship with us; (v) may not present false or misleading information about our Site; and (vi) should not include content that could be construed as distasteful, offensive or controversial, and should contain only content that is appropriate for all age groups.
17. Indemnification. You agree to defend, indemnify and hold the Site, Healthy Work Campaign, the Center for Social Epidemiology, and its affiliates, partners, subsidiaries, owners, members, board of directors, managers, officers, employees, and agents harmless from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses and costs (including without limitation reasonable attorneys’ fees) assessed or incurred, directly or indirectly, with respect to or arising out of: (i) your access to or use of the Site; (ii) your User Content; (iii) your breach of this Agreement; (iv) your violation of any third party rights or Site licensors, including without limitation any copyright, property, or privacy right.
18. Disclaimer. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE AND OWN RISK. WE MAKE NO WARRANTY OR REPRESENTATION ABOUT THE INFORMATION CONTAINED ON THE SITE OR ABOUT THE RESULTS FROM YOUR USE OF THE SITE.  THE INFORMATION ON THE SITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS.  WE DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES.  TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU.  YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING IT.THE SITE IS NOT RESPONSIBLE FOR ANY LOSSES OR ISSUES ARISING FROM ACTIONS OF THIRD PARTIES, EVEN IF YOUR ACCESS TO SUCH THIRD PARTIES WAS FACILITATED BY THE SITE.  THE SITE DOES NOT ACTIVELY OVERSEE YOUR USE OF THE SITE OR USER CONTENT.  WE DO NOT WARRANT THE APPROPRIATE OR PROPER USE OF THE SITE FOR YOUR SPECIFIC PURPOSES, AND WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE UNINTERRUPTED, SECURE, OR ERROR FREE. WE MAKE NO WARRANTY REGARDING THE QUALITY TO ANY PRODUCTS, SERVICES, OR INFORMATION OBTAINED OR LINKED TO OR THROUGH THE SITE, OR THE ACCURACY, TRUTHFULLNESS, COMPLETENESS, OR RELIABILITY OF ANY SITE CONTENT OR THIRD PARTY WEB LINKS, INCLUDING THAT OF ANY OF OUR AFFILIATES OR PARTNERS.

    POSTING, UPLOADING, OR TRANSMITTING ANY USER CONTENT WILL OPEN SUCH CONTENT UP TO PUBLIC DISCLOSURE.  PLEASE DO SO AT YOUR OWN RISK.  DO NOT POST OR UPLOAD USER CONTENT IF YOU WISH SUCH CONTENT TO REMAIN PRIVATE.

19. Limitation of Liability. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL THE SITE, HEALTHY WORK CAMPAIGN, THE CENTER OF SOCIAL EPIDIEMOLOGY AND ITS AFFILIATES, PARTNERS, SUBSIDIARIES, OWNERS, MANAGERS, OFFICERS, MEMBERS, EMPLOYEES, BOARD OF DIRECTORS, AGENTS, AND/OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LOSS OF GOOD WILL, LITIGATION, OR THE LIKE), CRIMINAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR USE OF THE SITE, USER CONTENT OR SITE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR HEALTHY WORK CAMPAIGN IS TO CEASE ALL OF YOUR USE OF THE SITE.  YOU UNDERSTAND AND ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE REMAINS WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.THE LIMITATIONS OF DAMAGES SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS AND THE BASIS OF THE BARGAIN BETWEEN YOU AND HEALTHY WORK CAMPAIGN.  IN NO EVENT WILL HEALTHY WORK CAMPAIGN’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR FROM THE USE OF OR INABILITY TO USE THE SITE OR SITE CONTENT EXCEED ONE U.S. DOLLARS ($1).  CERTAIN LIMITATIONS ABOVE MAY NOT APPLY TO YOU IN JURISDICTIONS THAT DO NOT ALLOW FOR EXCLUSIONS OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES.
20. DMCA Takedown Notices and Copyright Agent. complies with the applicable provisions of the Digital Millennium Copyright Act of 1998, including Notice and safe harbor provisions under 17 U.S.C. § 512. If you believe your work has been posted, uploaded, or otherwise transmitted onto our Site in a way that constitutes copyright infringement, or if you believe that your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our DMCA Agent via email at DMCA@healthywork.org.
    1. A description of the copyrighted work that you claim has been infringed;
    2. A description of the material that is claimed to be infringing or the subject of infringing activity that is to be removed;
    3. A description of where the material that you claim is infringing is located on the Site;
    4. Your address, telephone number, and e-mail address;
    5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
    6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
    7. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest.

We reserve the right to ignore a Notice that does not comply with the DMCA.  All Notices of claims of copyright infringement are to be directed to our DMCA Agent by email at DMCA@healthywork.org.  We will respond expeditiously to notices of claimed copyright infringement.

If we remove any of your User Content from the Site due to a Notice of copyright infringement, we will notify you.  If we notify you that your User Content has been removed and you believe that the User Content was wrongly removed, you may respond to us in writing via a “Counter-Notice.”  A proper Counter-Notice must contain the following information:

1. Your name, physical address, phone number and physical or electronic signature;
2. Identification of the User Content/material that was removed, and its location before removal;
3. A statement under penalty of perjury that the User Content/material was removed by mistake or misidentification, or that the User Content does not infringe on another’s rights; and
4. Your consent to the local or federal court jurisdiction in which you live, or if overseas, to the courts in Los Angeles County, California.

When we receive a Counter-Notice, we will send a copy to the original complaining party, informing them that we will replace the removed User Content on the Site in 10 business days, unless we receive notice that they have filed a legal action seeking a court order to restrain the allegedly infringing conduct.

Notices and Counter-Notices are legal documents that are not part of the regular activity of the Site.  As such, they are not covered under our Privacy Policy.  Healthy Work Campaign may publish or share them with third parties at our discretion, and we may produce them in response to a legal discovery request or court order.

Important Note:  Filing a Copyright Notice or Counter-Notice is serious business.  Please think twice before submitting, especially if you are unsure whether you are the actual rights holder or authorized to act on a rights holder’s behalf.  There are legal and financial consequences for fraudulent and/or bad faith submissions.  Please be sure that you are the actual rights holder, or that you have a good faith belief that the material was removed in error, and that you understand the repercussions of submitting a false claim.  We cannot offer any legal advice.  Should you have questions, please consult an attorney.

Any DMCA Notice must be sent to our DMCA Agent at the following address:

Peter Schnall
13650 Marina Pointe Drive, Unit 1207
Marina Del Rey, CA 90292
Email: DMCA@healthywork.org

21. Applicable Law. The Site is controlled and operated from the United States of America. We make no representation that its use is appropriate or available in other countries. You agree that the laws of the state of California, without regard to conflicts of law provisions will govern this Agreement and any dispute that may arise between you and Healthy Work Campaign, or its owners or affiliates.  All claims arising out of or relating to this Agreement and the Site shall be commenced in the state or federal courts located in Los Angeles County, California.  You consent to, and waive any objection to personal jurisdiction in such courts.
22. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
23. Waiver. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by us must be in writing and signed by an authorized representative of Healthy Work Campaign.
24. Termination and Account Deletion Requests. We may terminate this Agreement at any time, with or without notice, for any reason. We may also, at our sole discretion, modify, discontinue, or terminate the Platform at any time with or without notice or warning to you. You may delete your User Content by sending an email to contact@healthywork.org.
25. Relationship of the Parties. Nothing contained in this Agreement or through your use of the Site in any way, shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume, or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independently responsible for its own actions.
26. Notices. Any notices or other communications required hereunder, will be in writing and delivered by Healthy Work Campaign via: (a) email, at the address provided by each User; or (ii) a posting on the Site.
27. Assignment. Whether by operation of law or otherwise, any attempt to transfer of assign this Agreement without Healthy Work Campaign’s prior written consent shall be in violation of the Agreement and null and void. Subject to the foregoing, the Agreement shall bind and inure to the benefit of the parties, their successors, and assigns.
28. Entire Agreement. These Terms and Conditions, along with the Privacy Policy found at healthywork.org/privacy constitute the entire agreement between you and Healthy Work Campaign, and governs the terms of your access and use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us with respect to the Site. Notwithstanding the foregoing, certain access and uses of the Site may subject you to agree to additional terms, conditions, policies, guidelines, and rules (collectively “Additional Terms”).  These Additional Terms may also be binding, but only govern certain areas or types of use on the Site as described, and further, are distinct but supplemental to this Agreement.  In no case may any Additional Terms supersede this Agreement.Healthy Work Campaign may periodically run contests, events, special offers, or other activities”) on the Site or through a third party partner (each an “Event”).  Such Event(s) may be governed by terms and conditions that are distinct and supplemental to this Agreement (“Event Terms”) and in the event of any conflict between those terms and this Agreement, the Event Terms specific to the Event are to control.We may revise this Agreement at any time.  You should visit the Site frequently and review the most current Terms and Conditions to confirm you are in agreement.  Your continued use of the Site after any changes have been made to the Terms and Conditions signifies and confirms your acceptance of the new terms.
29. Contact Information. If you have any questions or concerns about these Terms and Conditions or our Privacy Policy, please contact us at contact@healthywork.org.

Thank you for visiting and using HealthyWork.org.