Terms of Use

Introduction

This Terms of Use (“Agreement”) is a binding agreement between you (“End User” or “you”) and IribaMaps Inc. (“Company” or “We” or “Our”). This Agreement governs your access to and use of the IribaMaps website located at www.workmatch.com (the “Website”), including all content available within the Website (the “Content”), and all services provided on, through, or within the Website (the “Services”). The term “Website” as used in this Agreement and any reference to the “Website” in this Agreement includes the Content and the Services.

Please read this Agreement carefully before you start to use the Website. By accessing or using the Website, you (a) acknowledge that you have read and understand this Agreement; (b) represent that you are eighteen (18) years of age or older; and (c) accept this Agreement and agree that you are legally bound by its terms.

If you do not agree to the terms OF THIS AGREEMENT, OR ARE NOT AT LEAST EIGHTEEN (18) YEARS OF AGE, do not ACCESS OR use the WEBSITE.

1. Account and Account Management

You may be required to create a user account in order to access or use the Website or certain features or functionality thereof. When creating a user account, you must supply a unique user name and password, and possibly other information about yourself, as requested.

You are solely responsible for safeguarding and maintaining the security and confidentiality of the unique user name and password you use to access your user account, and for any and all actions taken under your user account (whether authorized by you or not). You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session.

You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. Company shall not be responsible or liable for any actions taken under your user account (whether authorized by you or not) or for any loss or unauthorized use of your user name and password.

We have the right to disable any username, password, or other identifier, at any time in Our sole discretion for any or no reason, including if, in Our opinion, you have violated any provision of this Agreement.

2. License

Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, nontransferable, and revocable license to access and use the Website for your personal, non-commercial use, solely on electronic device(s) owned or otherwise controlled by you (each a “Device”), solely through your personal user account established for this Website (if required), and strictly in accordance with the terms of this Agreement.

3. Restrictions on Use

You acknowledge that your use of the Website is contingent upon, among other things, the representations that all information, data, material, and content (including whether or not personally identifiable) you provide or supply on, through, or within the Website or to Company is complete, true, accurate, and not misleading, to the best of your knowledge, and that you have the right to provide and supply that same without requiring any permissions, consents, or licenses from any other party.

Additionally, you shall not:

(a) copy, reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of part of the Website, except

• our computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing the Website, and
• you may store files that are automatically cached by your web browser for display enhancement purposes;

(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Website or any part thereof;

(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code or any non-public part of the Website or any part thereof;

(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Website, including any copy thereof;

(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Website, or any features or functionality of the Website, to any third party for any reason, including by making the Website available on a network where it is capable of being accessed by more than one device at any time;

(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Website;

(g) violate any law, regulation, rule, or governmental order, violate any rights of another, or harass, stalk, threaten, defame, or harm another by or when accessing or using the Website;

(h) supply or provide on, through, or within the Website, any information, data, material, or content that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, or obscene, that advocates violence or unlawful activity, that advocates terrorism, that contains hate speech, that contains nudity, that is considered confidential or proprietary to or a trade secret of another, that violates any law, regulation, rule, or governmental order, that violates or infringes the rights of another, that is an advertisement, solicitation, or a commercial communication, or that scrapes, harvests, or collects the personal, financial, or contact information of any user of the Website;

(i) access or use the Website or any part thereof to exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;

(j) engage in spamming, or transmit software or other material or content that contains a virus, worm, defect, or other destructive or harmful item, by or when accessing or using the Website;

(k) access or use the Website to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;

(l) access or use the Website to impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);

(m) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability;

(n) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;

(o) use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in this Agree, without Our prior written consent; or

(p) take any action to damage, disable, overburden, or impair the Website.

4. Ownership; Reservation of Rights

You acknowledge and agree that the Website is provided under license, and not sold, to you. You do not acquire any ownership interest in the Website, or any other rights thereto, under this Agreement or otherwise, other than to access and use the Website in accordance with the limited license granted under, and subject to all terms, conditions, and restrictions of, this Agreement. Company and its licensors and service providers reserve and shall retain its/their ownership of and entire right, title, and interest in and to the Website, including all copyright, trademark, and other intellectual property rights therein or relating thereto.

Without limiting the foregoing, the Company name, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

5. User Content

In connection with your access to and use of the Website, you may be permitted to and may provide or supply information, data, material, and/or content (“User Content”), including written information, data, material, and/or content provided or supplied in response to prompts or inquiries. You are solely responsible and liable for the User Content that you supply or provide, and the use thereof including as set forth in this Agreement.

As between you and Company, you will retain ownership of your User Content. However, please note that while you retain ownership of your User Content, any other information, data, material, or content accessible on, through, or within the Website is not owned by you and the rights therein and thereto are retained by Company and its licensors and service providers.

Additionally, you hereby grant to Company a non-exclusive, royalty-fee, sub-licensable, freely transferable, irrevocable, perpetual, and worldwide right and license to use, reproduce, modify, edit, adapt, publish, share, distribute, store, save, create derivative works from, display, and publicly perform any User Content you provide or supply on, through, or within the Website or to Company in connection with the provision, improvement, and promotion of the Website (including the Services) and any Additional Services, whether to you or other users. You also waive any moral or artistic rights with respect to User Content.

Moreover, you represent and warrant that you own the User Content you supply or provide, or otherwise possess all necessary rights to use, provide, supply, and license such User Content as set forth in this Agreement, and that such User Content and the use, provision, supply, and licensing thereof (including by Company) does not and will not violate any law, regulation, rule, or governmental order or infringe upon or violate any rights of another (whether such rights are afforded by law, by contract, in equity, or otherwise), including, without limitation, patent rights, copyright rights, trademark and service mark rights, trade secrets, any other intellectual property rights or proprietary rights, privacy rights, and rights of publicity. You shall not and agree not to provide or supply on, through, or within the Website any information, data, material, or content of another who has not given permission for you to do so.

We reserve the right, but are not obligated, to review User Content, and to filter, block, modify, remove, and delete User Content from the Website at any time, for any reason, and without notice to you. We are not and will not be responsible or liable for any of the foregoing conduct or the loss of User Content as a result thereof. We recommend that you keep back-up copies of your User Content.

We also have the right to disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy, and to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.

‍YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

6. Third-Party Materials

The Website may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their title, accuracy, completeness, timeliness, validity, non-infringement, legality, decency, quality, fitness for a particular purpose, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.

7. Collection and Use of Your Information

You acknowledge that when you access or use the Website, you may provide or supply personal information, such as your name, mobile number, address, current job, etc. You further acknowledge that Company may also use automatic means (including, for example, cookies) to collect information about your Device and about your access to, use of, and interaction with the Website. You also may be required to provide certain information about yourself as a condition to accessing or using the Website or certain of its features or functionality, and the Website may provide you with opportunities to share information about yourself with others. All information We collect through or in connection with this Website is subject to our Privacy Policy accessible at https://www.workmatch.com/privacy which is incorporated into this Agreement by reference. By accessing, using, or providing or supplying information on, through, or within the Website, you consent to all actions taken by Company with respect to your information in compliance with this Agreement and the Privacy Policy.

8. Updates

Company may from time to time in its sole discretion develop and provide Website updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality of the Website, and shall not be liable to you in any way for the discontinuation or unavailability thereof. You also agree that all Updates will be deemed part of the Website and be subject to all terms and conditions of this Agreement. Also, We reserve the right, in Our sole discretion, to alter or discontinue the Website, in whole or in part, at any time, for any reason, and without notice or liability to you.

Additionally, We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

9. Services

Your limited license to access and use the Website includes the ability to receive the Services. In addition to the other limitations and disclaimers set forth in this Agreement, the Services are provided “AS IS” and “AS AVAILABLE,” and Company shall have no obligation to provide or make available any Services. Also, the type, nature, and amount of the Services provided on, through, or within the Website may change from time to time without notice to you. Any other or additional services provided on, through, or within the Website (“Additional Services”) shall be included in the definition of “Services” and governed by this Agreement.

10. Term

The term of Agreement commences when you first access or use the Website, create a user account, or acknowledge your acceptance to this Agreement, whichever occurs first, and will continue in effect until terminated by you or Company as set forth in this Section 10.

11. Termination

(a) You may terminate this Agreement by providing written notice of termination to Company using the contact information set forth in the section below title “Notices,” at which point you shall discontinue all access to and use of the Website and delete any copies thereof from each and every Device.

(b) Company may terminate this Agreement at any time without notice if it ceases to provide or support the Website, which Company may do in its sole discretion without any liability to you.

(c) This Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.

Upon termination of this Agreement, all rights granted to you under this Agreement will also terminate, and you must cease all use of the Website and delete all copies of the Website or any part thereof from any Device. Termination will not limit any of Company’s rights or remedies at law or in equity. The terms of Sections 3 through 7 and 11 through 26 shall survive the termination of this Agreement.

12. Disclaimer of Warranties

YOUR ACCSESS TO AND USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND DEFECTS, AND WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE). NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT ERRORS, FAULTS, OR DEFECTS CAN OR WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH YOUR DEVICE(S) OR ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS DIRECTORS, OFFICERS, SHAREHOLDERS, OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, AND AFFILIATES, AS WELL AS ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO THE WEBSITE AND THE ACCESS TO AND USE THEREOF, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE, AS WELL AS ANY WARRANTIES REGARDING ITS COMPLETENESS, ACCURACY, SECURITY, RELIABILITY, QUALITY, AND AVAILABILITY.

WITHOUT LIMITATION TO ANY OF THE FOREGOING, The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

13. Limitation and Exclusion of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, AND AFFILIATES, AND ITS/THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR:

(A) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR

(B) LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, COST OF SUBSTITUTE GOODS OR SERVICES, BUSINESS INTERRUPTION, OR COMPUTER FAILURE OR MALFUNCTION, ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THE ACCESS TO OR USE THEREOF (OR THE INABILITY TO ACCESS AND USE THE SAME) OR THIS AGREEMENT, AND WHETHER BASED ON CONRTACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF COMPANY AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, OWNERS, EMPLOYEES, CONTRACTORS, AGENTS, REPRESENTATIVES, AND AFFILIATES, AND ITS/THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR THE ACCESS TO OR USE THEREOF OR THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO COMPANY FOR USE OF THE WEBSITE DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

14. Indemnification

You agree to indemnify, defend, and hold harmless Company and its directors, officers, shareholders, owners, employees, contractors, agents, representatives, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your access to, use, or misuse of the Website, including but not limited to the information, data, material, or content you provide or supply on, through, or within the Website (including User Content), and any breach of this Agreement by you.

15. Remedies

Any breach by you of the terms of this Agreement may result in immediate and irreparable injury to Company in an amount that is difficult to ascertain. Therefore, in the event of a breach or threatened breach of any of the terms of this Agreement by you, Company shall be entitled to proceed directly to court to obtain equitable relief, including the remedies of specific performance and injunctive relief without the necessity of posting a bond or assuming other undertakings therewith. The right to seek such equitable relief shall be in addition to all other remedies that may otherwise be available to Company, whether at law, in equity, or otherwise. All of Company’s remedies for any breach or threatened breach of the terms of this Agreement shall be cumulative, and the pursuit by Company of one remedy shall not be deemed to exclude Company’s pursuit of any other remedies.

16. Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL LEGAL ACTION.

17. Export Regulation

The Website may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Website to, or make the Website accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Website available outside the US.

18. Independent Contractors

The relationship between you and Company is that of independent contractors, and not legal partners, employees, or agents of each other

19. Notices

All notices to Company required under this Agreement shall be sent to:

IribaMaps Inc.
333 East Main Street
Suite 304
Louisville, KY 40202
compliance@workmatch.com

20. Headings

Any heading, caption, or section title in this Agreement has been included for convenience only, and in no way limits or defines the scope of this Agreement, and shall have no legal effect.

21. Amendment

We reserve the right, and may, at Our sole discretion, modify or update any aspect of this Agreement at any time. If We do so, We will post the updated terms of the Agreement to the Website and note the date the changes went into effect. Any modified or updated terms are effective upon their posting to the Website. Your continued access to or use of the Website after such posting constitutes your acceptance to the modified and/or updated Agreement. It is your responsibility to regularly review the Agreement to determine whether any modifications or updates have been made.

22. Severability

If any provision of this Agreement is invalid, illegal, or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term, and all other provisions of this Agreement will continue in full force and effect.

23. Governing Law

This Agreement is governed by, construed, and interpreted in accordance with the laws of the Commonwealth of Kentucky without giving effect to any choice or conflict of law provision or rule of it or any other jurisdiction. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Kentucky in each case located in Louisville, Jefferson County, Kentucky. You hereby consent to the exclusive jurisdiction of such courts and expressly disclaim and waive any objection thereto, including an objection on the basis of a lack of personal jurisdiction, inconvenient venue, or improper forum. However, without prejudice to the foregoing, you agree that, in its sole discretion, Company may bring any claim, cause of action, or dispute we have against you in any competent court in the country in which you reside that has jurisdiction over the claim.

24. Limitation of Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT, THE USE OR INTERPRETATION OF SAME, OR THE ACCESS TO OR USE OF THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

25. Entire Agreement

This Agreement, including Our Privacy Policy, constitutes the entire agreement between you and Company with respect to the subject matter of this Agreement and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to such subject matter.

26. Waiver

No waiver by the Company of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.