By clicking the check-box you agree to this Client Agreement & Terms of Service. This agreement is made by and between you and WeWorkWell LLC. You and WeWorkWell LLC are sometimes collectively referred to in this Agreement as the parties.
We agree to the following:
Services.
(a) Nature of the Services. In consideration for the Fee set forth below, WeWorkWell, LLC and its affiliated companies, employees, managers, and agents (hereinafter, collectively, “WorkWell”) will provide you with access to its Job Search Jumpstart Digital Course (also referred to as Job Search Jumpstart), which offers strategies, structure and tools for your job search and interview process, as described in greater detail in Exhibit A (the “Services”). WorkWell will not be required to undertake duties not reasonably within the scope of its regular Services. You acknowledge and agree that the Services for the Job Search Jumpstart include pre-recorded videos, worksheets, and self reflection activities only, and no individual job training or coaching will be provided to you as part of the Services.
(b) WorkWell Policies. ****By signing this Agreement, you also agree to our Terms of Service, Privacy Policy and any other policies we publish on our website located at weworkwell.io from time to time (collectively, the “Policies”), all of which are incorporated herein by this reference. For the avoidance of doubt, WorkWell embraces and places great importance on its zero-tolerance policy for hate speech of any and all kinds. This includes WorkWell’s prohibition against all forms of bullying or disrespecting any member of the WorkWell community in a way that negatively impacts his, her or its experience. WorkWell reserves the right to remove you or any other customer from the Services in order to uphold the integrity, safety and values of WorkWell’s community and its individual members. There will be no refund of your Fee (defined below) if you violate any of our Policies, including this policy against hate speech.
(c) Changes. WorkWell may modify this Agreement as well as our Policies from time to time. If we make material changes to this Agreement or our Policies, we will provide you with notice through our website, the Services, or by other means, to provide you with the opportunity to review the change or changes before they become effective. WorkWell agrees that changes cannot be retroactive. If you object to any change, you may cease using the Services but shall not be entitled to a refund of your Fee. Your continued use of our Services after we publish or send a notice about one or more changes to this Agreement or our Policies means that you are consenting to the updated terms as of their effective date.
Compensation.
(a) Fees. You agree to compensate WorkWell for the Services by paying WorkWell, when you execute this Agreement, a fee in U.S. dollars (the “Fee”) equal to:
A one-time, nonrefundable payment of a $685 for lifetime access to the Job Search Jumpstart Digital Course.
(b) Payment Terms. The Fee shall be non-refundable and you must pay the entire Fee to maintain access to the Job Search Jumpstart.
Service Availability Disclaimers. WorkWell may change, suspend or discontinue any component(s) of its Services, upon reasonable notice to the extent allowed by law. WorkWell does not promise to store or keep showing any information or content that it receives from you. WorkWell is not a storage service. You agree that WorkWell has no obligation to store, maintain or provide you a copy of any content or information that you or others may provide, except to the extent required by applicable law and as noted in the Privacy Policy. WorkWell reserves the right to limit your use of the Services, including the frequency of your use. WorkWell reserves the right to restrict, suspend, or terminate this Agreement or your access to the Services if you breach this Agreement or the law or are misusing the Services (by, for example, violating any of our Policies).
Other Content and Services. Your use of any content and information obtained from third parties in connection with the Services is at your own risk. Others may offer their own products and services through our Services or on our website, and we are not responsible for those third-party activities. By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful. WorkWell generally does not review content provided by its customers or others. You agree that WorkWell is not responsible for others’ (including other customers’) content or information. WorkWell cannot always prevent misuse of our Services and you agree that WorkWell is not responsible for any such misuse. WorkWell may help connect customers offering services (career coaching, job opportunities, etc.) with customers seeking services. You must be at least eighteen (18) years of age to offer, perform or procure these services. You acknowledge that WorkWell does not supervise, direct, control, or monitor customers in the performance of these services and you agree that (i) WorkWell is not responsible for the offering, performance or procurement of these services, (ii) WorkWell does not endorse any particular third party service or services, and (iii) nothing shall create an employment, agency, or joint venture relationship between WorkWell and any party offering services. If you offer any services to third parties in connection with the Services, you represent and warrant that you have all licenses and other authorizations as may be required by law to offer such services and will provide such services consistent with our Policies.
Similarly, WorkWell may help you register for and/or attend events organized by third parties and connect with third parties who are attendees at such events. You agree that (i) WorkWell is not responsible for the conduct of any of the customers or other attendees at such events, (ii) WorkWell does not endorse any particular event listed in connection with our Services, (iii) WorkWell does not review and/or vet any of these events, and (iv) that you will adhere to these terms and conditions that apply to such events.
Independent Contractor Relationship. In connection with the performance of any Services hereunder, WorkWell is not an employee, agent, joint venture, or partner of yours or of any other person, entity or business with respect to which WorkWell may render any Services hereunder, but will act solely in the capacity of an independent contractor. The conduct and control of the work to be performed by WorkWell hereunder lies solely with WorkWell. You understand and agree that you have no authority to negotiate or enter into any contract, or incur any obligation or otherwise make any binding agreement, on behalf of or with respect to WorkWell. No relationship of exclusivity shall be construed from this Agreement.
Disclaimer of Warranties, Liability; Indemnification.
(a) WorkWell makes NO REPRESENTATION or WARRANTIES about the Services, including no claims or guarantees that the Services will lead to successful salary negotiations, career changes, new jobs, new clients, promotions, any other employment, or other financial gains for you. WorkWell provides all Services (including any information on our website) on an “AS IS” and “AS AVAILABLE” basis. To the fullest extent permitted under applicable law, WorkWell disclaims any implied or statutory warranty, including any implied warranty of title, accuracy of data, non-infringement, merchantability, or fitness for a particular purpose.
(b) In no event shall WorkWell be liable for any consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, lost profits or revenues or diminution in value, arising out of, or relating to, and/or in connection with WorkWell’s provision or your use of the Services, or this Agreement, regardless of (i) whether such damages were foreseeable, (ii) whether or not you were advised of the possibility of such damages, (iii) the legal or equitable theory (contract, tort or otherwise) upon which the claim is based, and (iv) the failure of any agreed or other remedy of its essential purpose. To the fullest extent permitted by law, and not withstanding any other provision of this Agreement, the total liability of WorkWell and its officers, directors, partners, members, affiliates, employees and subcontractors, to you, as well as to any of your officers, directors, partners, members, employees, subcontractors and anyone claiming by or through you, for any and all claims, losses, costs or damages, including attorneys’ fees and costs and expert-witness fees and costs of any nature whatsoever or expenses resulting from or in any way related to the Services or this Agreement, shall not exceed the total Fee received by WorkWell from you in aggregate. It is intended that this limitation apply to any and all liabilities and causes of action, however alleged or arising, unless otherwise prohibited by law.
(c) You agree to indemnify, release and hold harmless WorkWell and its officers, directors, partners, members, affiliates, employees and subcontractors from any liabilities, loss or damages to property, injuries, loss of employment, costs, expenses, job offers, title or salary promotions, or any financial losses, relating to or arising from your use of the Services.
Confidentiality. You may be given access to WorkWell’s trade secrets and proprietary and confidential information relating to WorkWell’s business, including without limitation WorkWell’s workbooks, job search guides, interview strategies and recruiter contact lists (collectively, “Confidential Information”). In connection therewith, you agree to: (i) protect WorkWell’s Confidential Information in a reasonable and appropriate manner to the same extent you protect the confidentiality of your own confidential information of like kind, but in no event less than a reasonable manner; and (ii) use and reproduce WorkWell’s Confidential Information only for your own non-commercial, personal use. The obligations set forth in this Section shall not apply to information that is: (i) publicly known; (ii) already known to you through lawful means; (iii) disclosed to you by a third party who is not, to your knowledge, under a confidentiality restriction with respect to such Confidential Information; or (iv) independently developed by you without reference to any Confidential Information.
Term; Termination.
(a) This Agreement and your access to the Services shall commence as of WorkWell’s receipt of your Full Payment or initial portion of your Installment Payment, as applicable. After you make the Full Payment you will receive lifetime access to the Job Search Jumpstart Digital Curriculum Services, subject to our right to terminate the Services as set forth herein and in our Policies. You may terminate this Agreement and our Services at any time for any reason, without liability except for your obligation to pay the Fee, by providing written notice to WorkWell. WorkWell may terminate this Agreement upon ten (10) days written notice in the event you breach this Agreement or any of our Policies. You may remain on the WorkWell Membership so long as you pay the monthly fee.
(b) Upon expiration or termination of this Agreement, all rights and obligations will expire forthwith, except those rights and obligations which arose prior to such event and those set forth in Section 5 through 11, which provisions will survive any termination, expiration or suspension of the Agreement.
Dispute Resolution. The parties do hereby agree that any claim or controversy arising out of, relating to, or in connection with, this Agreement, or the breach, termination or validity thereof, or concerning any Services (each a “Dispute”) shall be settled through use of the following stepped dispute resolution procedures:
(a) Negotiation. The parties shall attempt in good faith to resolve any Dispute arising out of or relating to this Agreement promptly by negotiation between party representatives with proper authority to settle the controversy. Either party hereto may give written notice of a Dispute (“Notice of Dispute”). Within fifteen calendar (15) days after the delivery of such Notice of Dispute, the receiving party shall submit to the other a written response. The notice and response shall include: (i) a statement of that party's position; (ii) a summary of arguments supporting that position; and (iii) the name and title of the executive who will represent that party, as well as any other person who will accompany the representative. The parties’ representatives shall meet at a mutually acceptable time and location to attempt to resolve the dispute within forty-five (45) days after delivery of the initial Notice of Dispute. If after forty-five (45) calendar days, negotiations fail to resolve the dispute, or do not occur at all, the parties shall move directly to mediation. All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence.
(b) Binding Arbitration. If any Dispute has not been resolved through negotiation within forty-five (45) days after delivery of the Notice of Dispute, it shall be submitted for binding arbitration in Contra Costa County, California. A single arbitrator shall be jointly selected, and arbitration shall be conducted through using the institutional rules of a mutually agreeable arbitration provider. If the parties cannot mutually agree upon an arbitration provider, the parties shall submit their Dispute to the American Arbitration Association (the “AAA”) for arbitration, and an arbitrator shall be selected according to that tribunal's rules. The award of the arbitrator shall be final and binding on the parties. In furtherance of an economical resolution to any dispute, the parties hereto agree that in any arbitration, each party will be limited to three (3) depositions, ten (10) requests for production of documents (inclusive of sub-parts), thirty (30) interrogatories, and ten (10) requests for admission, and there will be no transcript taken of any arbitration proceeding. The arbitration tribunal shall have authority to render final judgment on any Dispute brought before it, including interpretation and application of this Agreement and the determination of whether a particular Dispute is arbitrable. Each of the parties hereby waives any and all rights of appeal. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
Force Majeure. Any delay or failure of either party to perform his, her or its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such party’s control, without such party’s fault or negligence and that by its nature could not have been foreseen by such party or, if it could have been foreseen, was unavoidable (which events may include natural disasters, pandemics, embargoes, explosions, riots, wars, acts of terrorism, strikes, labor stoppages or slowdowns or other industrial disturbances, regulatory obstacles or interventions, and shortage of adequate power or transportation facilities), provided, however, if such non-performance endures for a period of longer than ninety (90) days, either party may terminate this Agreement.
General. This Agreement, together Exhibit A and our Policies, constitutes the sole and entire agreement of the parties with respect to the subject matter contained herein, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. If any term or provision of this Agreement is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction. No waiver by either party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the party so waiving. You shall not assign, transfer, delegate or subcontract any of your rights or obligations under this Agreement without the prior written consent of WorkWell. However, you agree that WorkWell may freely assign, transfer, delegate, and/or subcontract this Agreement and/or any of the Services without your consent. This Agreement and all matters arising out of or relating to this Agreement, are governed by, and construed in accordance with, the laws of the State of California, without regard to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of California.
EXHIBIT A
SERVICES AVAILABLE TO MEMBERS OF THE WORKWELL JOB SEARCH JUMPSTART DIGITAL COURSE
The Services may include:
- Job search support resources
- Course curriculum and exclusive videos (which are located in Kajabi, WorkWell’s course hosting platform)
- Worksheets for practice
- Templates for pitch, storytelling, resume, outreach messages
- Self reflection activities