Website Usage Agreement
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
Welcome to The Working Person's Store ('Working Person's Enterprises, Inc.'), where we and our affiliates provide information, goods and services to you subject to the following conditions. If you visit, download information or shop at WorkingPerson.com (hereinafter referred to as 'Site'), you accept these conditions. Please read them carefully.
By using this website located at WorkingPerson.com ("Site"), you signify your agreement to all terms, conditions and notices contained or referenced herein. If you do not agree with the terms and conditions of using this Site Use Agreement, please do not use this site. We reserve the right to, as determined in our discretion, update or revise any terms or conditions herein at anytime. Please check the Site Use Agreement periodically for changes.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. WorkingPerson.com sells goods and services to adults who can purchase with a credit card or other similar means. If you are under 18 years of age, you may use the Site only with involvement and consent of a parent or guardian. WorkingPerson.com and its affiliates reserve the right to at any time refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
Please review our Privacy Notice, which also governs your visit to WorkingPerson.com, to understand our practices.
When you visit the WorkingPerson.com Site, or send e-mail to us, you are communicating with us electronically without limitation, and therefore consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, and that you hereby consent to receive promotional, transactional or service related email communications from us, without limitation.
LICENSE AND SITE ACCESS
Use of the Site grants authorized persons a limited license to access and make personal use of this Site, and not to download (other than page caching) or modify the Site, or any portion of it, except with express written consent of Working Person's Enterprise's Inc. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site, nor any portion of this Site, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Working Person's Enterprises, Inc. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) displayed within the Site and our affiliates without our express written consent. You may not use any Meta tags or any other "hidden text" utilizing the WorkingPerson.com name or derivative names or marks, without the express written consent of Working Person's Enterprises, Inc. Any unauthorized Site use terminates the permission or license granted by Working Person's Enterprises, Inc. You, as a consumer, are granted a limited, revocable, and nonexclusive right to create a hyperlink to WorkingPerson.com, so long as the link does not portray WorkingPerson.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any WorkingPerson.com logo or other proprietary graphic or trademark as part of the link without our express written permission.
RESTRICTIONS ON USE OF MATERIALS
This Site is owned and operated by Working Person's Enterprises, Inc. (hereinafter referred to as "The Working Person's Store" "Working Person Store", 'WPS, "we," "us," or "our" herein). All information of any kind or nature, received, viewed or communicated in connection with the Site, including customer account information, is deemed to be owned, controlled and reserved for any and all legitimate business purposes, without limitation, by The Working Person's Store. No materials, information, data or images may be copied, reproduced, transmitted, republished, uploaded, posted, or distributed in any way, except that you may download one copy of the materials on any single computer for your non-commercial use only, provided that you keep intact all copyright and other proprietary notices. Modification or use of the materials, information, goods or services obtained through the use of the Site, or use of the materials within the Site for any other purpose, is a violation of Working Person's Enterprises, Inc. copyright and other proprietary and contractual rights. The use of any such material on any other website or networked computer environment is prohibited. Except as otherwise indicated on this Site and except for the trademarks, service marks and trade names of other companies that are displayed on the Site, all trademarks, service marks and trade names are proprietary to The Working Person's Store.
In the event that you access or download any textual information, images, data, or software from the Site, the software, including any textual information, images, files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are non-exclusively licensed to you, as an authorized user, under this Site Use Agreement. The Working Person's Store reserves all rights to information, data, images, files, or software, licensed or unlicensed, and does not transfer title to them or related Software to you. Working Person's Enterprises, Inc. retains full and complete title to the Software, and all intellectual property rights therein to you. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce any textual information, images, files, data or Software to any human-perceivable form, without the exclusive written permission of The Working Person's Store, as evidenced by the signature authority of a duly authorized corporate officer.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Site visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. WorkingPerson.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant WorkingPerson.com and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant WorkingPerson.com and its affiliates and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Working Person's Enterprises, Inc., or its affiliates, for all claims resulting from content you supply. WorkingPerson.com has the right, but not the obligation, to monitor and edit or remove any activity or content, and takes no responsibility and assumes no liability for any content posted by you or any third party.
WorkingPerson.com and its affiliates attempt to be as accurate as possible. However, WorkingPerson.com does not warrant that product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. If a product offered by WorkingPerson.com itself is not as described, your sole remedy is to return it and its packaging in unused condition.
DISCLAIMER AND LIMITATION OF LIABILITY
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WORKING PERSON'S ENTERPRISES, INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS OF USE FOR A PARTICULAR PURPOSE. WORKING PERSON'S ENTERPRISES, INC. DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WORKING PERSON'S ENTERPRISES, INC. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU, (NOT WORKING PERSON'S ENTERPRISES, INC.), WILL ASSUME THE ENTIRE COST OF ALL RESULTING NECESSARY SERVICING, REPAIR, OR CORRECTION, IF ANY. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
In no event will Working Person's Enterprises, Inc. be liable to any party, for any direct, indirect, special, incidental or consequential damages for any losses associated with use of the Site, or the textual information, images, data, files, software or materials found within, including, without limitation, any lost profits, business interruption, loss of programs or other data, even if Working Person's Enterprises, Inc. is expressly advised of the possibility of such damages.
RISK OF LOSS
All items purchased from or through The Working Person's Store or related online communication venues are made pursuant to a third party shipment contract whereby we provide services for the delivery of your items. This means that the risk of loss and title for such items pass to you upon our delivery of your goods to the shipping carrier. To the extent you receive goods or services from WorkingPerson.com, but have not paid for such goods or services, and subsequently fail to pay for goods or services obtained in any manner, Working Person's Enterprises, Inc., in it's sole discretion, reserves the right to charge you (i) interest in the amount of 1.5% compounding monthly, or, (ii) interest in the maximum amount allowable under law, should you receive until such time all principal amounts and interest have been paid in full. Irrespective of any all affirmative defenses you may raise, you are at all times obligated to immediately pay for such goods or services obtained from Working Person's Enterprises, Inc., of whatever kind or nature.
COPYRIGHT AND TRADEMARK PROTECTION
All content included on the Site , such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software (hereinafter referred to as "Site Content"), are the property of Working Person's Enterprises, Inc., (or its suppliers), and are protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Working Person's Enterprises, Inc. and protected by U.S. and international copyright laws. In addition to the copyright protection rights afforded under Federal law, Working Person's Enterprises, Inc., together with its affiliate companies, successors and assigns, hereby reserves any and all rights pertaining to certain Federal trademark applications extending to various iterations and forms of the word mark, Working Persons Store, pursuant to Federal Trademark Application Serial Numbers 77177632 and 77177879, and such other applications as submitted hereafter. This Agreement reserves the sole and exclusive use of all Site Content, as well as use of Company Name in all forms and iterations, Trademarks, Internet domains and related Intellectual Property, as the sole and exclusive property of Working Person's Enterprises, Inc. or it's affiliates, as applicable, which shall not be used in any manner or form without the express written consent of Working Person's Enterprises, Inc.
PROHIBITED USES OF SITE
Commercial Footwear Dealers, Distributors, Wholesalers, Manufacturers, together with their respective Officers, Directors, Employees, Agents, Successors and Assigns, (hereinafter referred to as "Commercial Entities"), are prohibited from using the Site for any purpose, or accessing or purchasing goods or services resulting from use of the Site. Commercial Entities improperly utilizing this Site as set forth in this Agreement in any manner, shall, without limitation, indemnify and hold Working Person's Enterprises, Inc. and its affiliated entities, harmless for any and all losses or damages sustained by Working Person's Enterprises, Inc, of losses or damages of whatever kind or nature, including actual attorney fees, damages, fees and court costs, resulting from any use of any information, photos, images, data, pages, goods or services obtained through the use of our web site. Any Commercial Entities who falsely represent themselves as "consumers" or "store fitted customers" wrongfully using the Site or undertaking the purchase of goods or services offered through the Site through any means whatsoever, including, but not limited to, purchases effected by email, instant message, facsimile, purchase order, telephone, e-commerce or any other means whatsoever, or, who undertake any act, intended or unintended, to in any way initiate, construe, allege, claim or represent any claimed violation of third party manufacturer sales distribution agreements to any party, either in oral or written form, which results in consequential losses and damages, or loss of business opportunity, shall be held legally responsible for any and all resulting losses or consequential damages sustained by Working Person's Enterprises, Inc. It is explicitly understood that Working Person's Enterprises, Inc. hereby reserves it's right to seek and obtain immediate temporary or injunctive relief orders against any Commercial Entities through a Court of Competent jurisdiction, without imposition of bond, at any time. Working Person's Enterprises, Inc. further reserves it's right to seek any appropriate additional consequential damages sustained through the prohibited use of the Site, any alleged act constituting tortuous business interference or any other contractual breach deemed to in any way harm Working Person's Enterprises, Inc ability to sell any goods or service, resulting from a judicial determination by a Court of competent jurisdiction as set forth in this Agreement
Any consumer related dispute relating in any way to your visit to WorkingPerson.com, or to goods or services purchased through WorkingPerson.com, shall be submitted to confidential arbitration in the judicial venue within or nearest to South Bend, Indiana, except that, to the extent you have in any manner violated or threatened to violate the contractual provisions of Site use and/or Working Person's Enterprises, Inc., domain, trademark, copyright, or other similar intellectual property rights, Working Person's Enterprises, Inc., reserves its right to seek injunctive or other appropriate relief in any state or federal court(s) as set forth herein, and you consent to exclusive jurisdiction and venue in such Courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction as provided for herein. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Pending arbitration proceedings or disputes shall in no way negate any obligation to remit payment to Working Person's Enterprises, Inc.
By visiting WorkingPerson.com, you agree that the laws of the State of Indiana, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and WorkingPerson.com or its affiliates. If any Site Use Conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
Working Person's Enterprises, Inc. controls the Site from its offices in Lakeville, Indiana, United States of America. You further agree that any legal action, proceeding or other matters relating to your access to or use of the site or its materials shall be governed by U.S. federal law or the laws of the State of Indiana. In the event of any legal action arising hereunder, you also agree to submit the jurisdiction and venue of any Arbitration forum, Federal or State courts in the South Bend area, as applicable under this Agreement.