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PLEASE READ THESE TERMS OF USE AND THE WIT PRIVACY NOTICE BEFORE USING THE WEBSITES OR WIT APPS. The websites which are located at the domain name witgurus.com or mobile apps available for download (the “websites”) are operated by Workforce Intelligence Technologies, LLC d/b/a WIT and its subsidiary companies (“WIT,” “we,” “our” or “us”). These websites Terms of Use (“Agreement” or “Terms of Use”) govern your access to and use of the websites and apply to all services and sub-sites available under the domain name witgurus.com, as well as all text, audio, video, images, graphics, materials, online communications and other information and content that are or become available on the websites (collectively, the “Information”). By using the websites, you (“you” or “User”) signify your acceptance of these Terms of Use and your acknowledgement that the information that you provide, directly or indirectly, through the websites will be managed in accordance with the WIT Privacy Notice. IF YOU DO NOT ACCEPT THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE WEBSITES.

Solicitation or Offer. The websites are designed primarily to provide general information about WIT, its products and services, and its related companies. Any product described on the websites may have exclusions, limitations, reductions in benefits and terms under which it may be continued in force or discontinued. For more information, please consult a sales associate and/or your membership contract. Some products and/or services may not be available in all states or provinces. Your eligibility for any particular product or service is subject to final determination by WIT. The websites may offer general information about the technical and consulting issues; but they do not provide advice. 

Communications.  You agree that by providing your contact information to WIT, you consent to receiving communication from WIT, its affiliates, and its agents in connection with your use of the websites or services. This may include communication about your account, features, and services via e-email, push notification, phone, or text message (including by an automatic telephone dialing system and/or with an artificial or pre-recorded voice) at any of the phone numbers provided by you or on your behalf. Standard text messaging charges applied by your cell phone carrier may apply. While it is your obligation to keep your contact information up-to-date so that WIT can communicate with you about your account, you are not obligated to consent to receiving automated marketing phone calls or text messages about other WIT products as a condition of use of the websites or services. If you believe that you are receiving automated marketing communications by text message or phone in error, then you may opt out by contacting support@witgurus.com. Likewise, if you wish to stop receiving marketing emails, you may opt out by clicking “unsubscribe” on the email. If you do not opt out, WIT may continue to contact you about new features and cost-saving opportunities as outlined in these Terms of Service and/or in WIT’s Privacy Policy, available at https://www.witgurus.com/privacy-policy

Privacy Policy. WIT adheres to all applicable laws regarding the privacy of information submitted by Users of the websites. To receive information about the privacy policy applicable to the websites, please visit our Privacy Policy. This Privacy Policy, incorporated herein by reference, explains what information WIT may collect or gather from you on or through the websites and how we will use and protect your information. WIT may use data collected from the sites, including history data, or cookies in accordance with the Privacy Policy. Although the websites may contain or contain links to other websites, WIT is not responsible for the privacy practices employed by other websites. In addition, unless stated otherwise, WIT cannot guarantee the security of any data is submitted through the Internet, or by e-mail.

User Eligibility. The websites should only be accessed and used by individuals who agree to be bound by these Terms of Use and who are at least 18 years of age. The websites may be accessible worldwide; however, the websites are intended for use only in the USA If you access/use the websites from outside the USA, you do so at your own risk and are responsible for complying with the laws and regulations of the territory from which you access/use the websites. WIT makes no representation that materials on the websites are appropriate or available for use in locations outside of the USA and accessing them from territories where their contents are illegal is prohibited.

Changes to Terms of Use. WIT reserves the right, in its sole discretion, to revise, change, or modify these Terms of Use at any time. We will incorporate all material changes to these Terms of Use on this page. Notice of any change may be given in any manner we choose that complies with law, including, but not limited to posting a notice of such changes on the websites. We encourage you to review this page periodically for the most recent version of these Terms of Use. Any use by a User of the websites following notice of such changes shall be deemed to constitute acceptance by that User of those changes to the Terms of Use.

Copyright. All rights reserved. The material and images contained on the websites are protected by copyright and are owned by WIT unless otherwise indicated. No material from the websites may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way.

Trademarks. The trademarks, service marks and logos used and displayed on the websites are registered and unregistered trademarks of WIT, unless otherwise noted. Nothing on the websites should be construed as granting, by implication, estoppel or otherwise, any license or right to use any trademark displayed on the websites.

Ownership and License. The websites and the information, computer code, and related functionality appearing, featured or otherwise displayed on the websites are owned by WIT, its affiliates, and their respective licensors or other third parties and protected under the copyright, trademark and other laws of the United States and other countries and international treaty provisions. We grant to you a limited, non-exclusive, non-transferable license to use the websites in strict accordance with these Terms of Use and the instructions provided by us on the websites. The materials provided on the websites, including, without limitation, the Information, computer code, and related functionality, are for your personal, private and non-commercial use only. Except as may be explicitly permitted through the websites, you may not copy, modify, upload, republish, distribute, display, post, license, create derivative works from, or transmit anything you obtain from the websites, including anything you download from the websites, unless you first obtain our written consent. Any rights not expressly granted herein are reserved to WIT and its affiliates. You may not remove, obscure, or otherwise deface proprietary notices appearing on the websites, or any content or Information. Any unauthorized use of the websites or its contents may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes. 

Restrictions on Use. As a condition of your use of the websites, you warrant to WIT you will not use the websites for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the websites in any way that could damage, disable, overburden or impair the websites or interfere with any other party’s use and enjoyment of the websites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the WIT websites. This includes without limitation the following activities: Provide false or misleading registration information, disclose your username or password to anyone else, or use an account, username, password, or personal information of another user; Harvest or collect information about any users of the websites; Transmit or facilitate the transmission of any “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming” in connection with the websites; Use any robot, spider, site search/retrieval application or automatic device to retrieve, index “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the websites or any content or Information of the websites; Modify the Information, content, programs or other materials on the websites or hack into or access the WIT servers or websites in an unauthorized manner; Frame or mirror any part of the websites, without the express permission of WIT; Reverse engineer, decompile, disassemble, translate or otherwise alter any portion of the websites; Upload or input to the websites any information that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that are intended to damage, interfere with, intercept, or expropriate any portion or system of the websites. You agree that your use of the websites may be suspended or terminated immediately upon receipt of any notice which alleges that you have used the websites in violation of these Terms of Use and/or for any purpose that violates any local, state, federal or law of the USA or other jurisdictions, including, but not limited to, the posting of information that may violate third party rights, may defame a third party, may be obscene or pornographic, may harass or assault others, or may violate any laws, rules or regulations, including, hacking or other criminal regulations. You understand that actions in violation of these Terms of Use may subject you to serious civil and criminal legal penalties and WIT reserves the right to pursue penalties and other remedies to the fullest extent of the law to protect our rights.

License to WIT. WIT may, in WIT’s sole discretion, permit you from time to time to submit, upload, publish or otherwise make available to WIT through the Services textual, audio, and/or visual content and information, including commentary and feedback related to the Services, initiation of support requests, and submission of entries for competitions and promotions (“User Content”). Any User Content provided by you remains your property. However, by providing User Content to WIT, you grant WIT a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including in connection with the Services and WIT’s business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.

You represent and warrant that: (i) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant WIT the license to the User Content as set forth above; and (ii) neither the User Content, nor your submission, uploading, publishing or otherwise making available of such User Content, nor WIT’s use of the User Content as permitted herein will infringe, misappropriate or violate a third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You agree to not provide User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by WIT in its sole discretion, whether or not such material may be protected by law. WIT may, but shall not be obligated to, review, monitor, or remove User Content, at WIT’s sole discretion and at any time and for any reason, without notice to you.

Trademarks / Third Party Content. WIT may display and distribute content and Information supplied by third parties on the websites. WIT does not guarantee the accuracy, completeness or usefulness of, or endorse, any content or Information of any third party. Any opinions, advice, statement, services, offers or other content or Information expressed or made available by third parties, including, without limitation, information providers or any other user of the websites, are those of the respective author(s) or distributor, and not WIT. All trademarks, service marks, trade names, logos, trade dress, icons and domain names located on the websites are the property of WIT, its affiliates, their respective licensors or other third parties. Nothing contained on the websites should be construed as granting, by implication or otherwise, any license or right to use any trademark, service mark, trade name, logo, trade dress, icon and domain name displayed on the websites, without the written permission of WIT or the applicable third party that may own the marks or names displayed on the websites. Your use of the trademarks, service marks, trade names, trade dress, logos, icons and domain names displayed on the websites, or any other content or Information on the websites, except as provided herein, is strictly prohibited.

Passwords and Security. Certain aspects of the websites may require registration. You agree that if you are issued a username and password in connection with access to or use of any of the websites, you are responsible for keeping such information secret and strictly confidential. You accept responsibility for all activities that occur under your username and/or password, including, without limitation, all communications, submissions or financial obligations. You are responsible for changing your password if you believe that your password or user name has been lost, stolen or might otherwise be misused. You agree to notify us immediately of any unauthorized use of your username or password or if any other breach of security is suspected by you.

External Links. The websites may provide links to other websites or resources which are not maintained or controlled by WIT (collectively “linked websites”). WIT is neither responsible for, nor aware of, the content of those Linked websites. The inclusion of any hyperlinks to linked websites does not imply approval of or endorsement by WIT of those linked websites, or content, products and services offered on those linked websites. WIT expressly disclaims any responsibility for the content, copyright compliance, accuracy of the information and/or the quality of the goods or services provided by or advertised on any linked websites, and in no event shall WIT be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods or services available on any linked websites. Any concerns regarding any linked websites should be directed to that respective web site, rather than to WIT or the websites. You are cautioned to read the terms of use and privacy polices provided on any linked site before using the linked site.

Disclaimer of Warranties. WIT makes no representations or warranties about the websites, the suitability of the information contained on or received through the websites, or any services or products received through the websites. All information and use of the websites are provided “as is” without warranty of any kind. WIT hereby expressly disclaims all warranties with regard to the websites, the information contained on or received through use of the websites and any services or products received through the websites, including all express, statutory and implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. WIT does not warrant that the contents or any information received through the websites are accurate, reliable or correct; that the websites will be available at any particular time or location; that any defects or errors will be corrected; or that the contents or any information received through the websites are free of viruses or other destructive or harmful components. Your use of the websites is solely at your own risk. User expressly agrees that it has relied on no warranties, representations or statements other than in this agreement. Should user purchase a WIT product or service from WIT or a third party, the terms and conditions of sale applicable to that transaction will govern such purchase and use of the websites does not affect that purchase in any manner. Because some jurisdictions do not permit the exclusion of certain warranties, the exclusions may not apply to you but shall apply to the maximum extent permitted by law of your jurisdiction. 

Limitation of Liability. Under no circumstances shall WIT be liable for any damages, including, without limitation, direct, indirect, punitive, incidental, special or consequential damages or lost profits that result from, or arise out of or in connection with the use of, or inability to use the websites, the information contained on or received through use of the websites, or any services or products received through the websites. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if WIT has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, WIT’s liability in such jurisdictions shall be limited to the maximum extent permitted by the law of your jurisdiction.

Indemnification. You agree to defend, indemnify and hold harmless WIT, its affiliates and subsidiaries, and all of their respective directors, officers, employees, representatives, sales associates, proprietors, partners, shareholders, principals, agents, predecessors, successors and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including attorney’s fees and litigation expenses) relating to or arising from your use of the websites, any breach by you of these Terms of Use, your negligent or intentional acts, errors or omissions in regard to the subject matter of these Terms of Use, or your failure to comply with applicable laws in your use of the websites.

Submissions. We do not accept or consider creative suggestions, ideas or other materials other than those WIT has specifically requested. If, despite our request that you not send us any creative materials, you send us comments, suggestions, ideas, concepts, drawings, pictures or other materials (collectively, the “Submissions”), the Submissions shall be deemed, and shall remain, the property of WIT. None of the Submissions shall be subject to any obligation of confidentiality on the part of WIT or its affiliates, and neither WIT nor any of its affiliates shall be liable for any use or disclosure of any of the Submissions. Without limitation of the foregoing, WIT shall exclusively own all now known or hereafter existing rights to the Submissions of every kind and nature through the world and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, in any form of media, now known or hereafter created or perfected, without compensation or attribution to the provider of the Submissions.

Changes to websites. WIT shall have the right at any time to change or discontinue any aspect or feature of the websites, including, but not limited to, content, hours of availability and equipment and/or software required for access or use of the websites or any portion of the websites.

Termination. We reserve the right to terminate a User’s use of the websites at any time without notice. Without limiting the foregoing, we shall have the right to immediately terminate these Terms of Use with any User without notice or to terminate or suspend access by that User to the websites or cancel any orders, if applicable, placed by that User if, in WIT’s sole discretion, the User breaches any term or provision of these Terms of Use or fails to comply with any instructions posted on the websites. The provisions of the following Sections shall survive termination or expiration of this Agreement: External Links, Disclaimer of Warranties, Limitation of Liability, Indemnification, Choice of Law and Forum, Termination, and Software Licenses.

Monitoring. The websites generally do not pre-screen, monitor or edit the content posted by Users of the websites. WIT and its agents and representatives have the right, at their sole discretion, but no obligation, to monitor the use and content of the websites and reserve the right to edit, refuse to post or remove any content or Information that, in WIT’s sole judgment, does not comply with these Terms of Use or is otherwise objectionable.

Software License(s). Any software that is made available to download from the websites (“Software”) is owned or licensed by WIT and/or its affiliates or suppliers and is subject to United States and international copyright, trade secret, trademark and other laws protecting intellectual property. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software, unless acceptance of a different license agreement is required prior to downloading the Software (the “License Agreement”). The Software is made available for downloading solely for use by end users according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited and may result in civil and criminal penalties. Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction is expressly prohibited. The Software is warranted, if at all, only in accordance with the terms of the License Agreement. Except as warranted in the applicable license agreement for that software, WIT hereby disclaims all warranties and conditions, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, title and noninfringement. You acknowledge that any Software available or provided to you on the websites may contain technology that is subject to strict controls by various agencies of the United States Government pursuant to United States export control laws and regulations. You hereby agree that you will not transfer or export such software from the United States or re-export such Software outside the United States in violation of United States export laws and regulations. WIT does not authorize the downloading or exportation of any software or technical data from the websites to any jurisdiction prohibited by the United States export control laws and regulations.

Choice of Law and Forum. The websites are controlled by WIT from its offices within the State of Texas in the USA. To the fullest extent permitted by applicable law, these Terms of Use and any actions or claims arising out of or in relation to these Terms of Use or the use of the websites will be governed by and construed in accordance with the statutes and laws of the State of Texas, without regard to its conflicts of laws principles. Except where prohibited by law, any claim or dispute shall be subject to the sole and exclusive of the federal and state courts in Collin County, Texas, and you hereby consent to the personal jurisdiction of those courts and waive any and all jurisdictional and venue defenses otherwise available. Any legal proceedings shall be conducted in English.

Miscellaneous. If any provision of these Terms of Use is held to be unlawful, void or unenforceable for any reason, that provision will be deemed severable and shall not affect the validity or enforceability of any other provision. These Terms of Use constitute the entire agreement between you and WIT regarding your use of the websites.

Published on: May 18, 2023