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TERMS

Worklogic HR Terms and Conditions and User Agreement

PRIVACY POLICY AND TERMS OF USE

The following Privacy Policy and Terms of Use govern the terms of your use of this software. Please read carefully.
Introduction
Worklogic EPS ( " WL EPS ") is the provider of this Sexual Harassment Training Software to you (the " User " ). To do this, we recognize you must trust us with your personal information. Maintaining your trust is one of WL EPS"s top priorities, and as a result, we abide by the following principles to protect your privacy: We protect your personal information and use it only in connection with your use of our website and Services as set forth in our Terms of Use Agreement and described in this Privacy Policy. Because privacy and security go hand-in-hand, we have implemented industry standard administrative, technical and physical security safeguards designed to protect your and your employees " information. This Privacy Policy applies to all the data, as well as to users of the online services, mobile services, software, and other services that we provide or otherwise make available (collectively, " the Service "). We may, in our sole discretion, modify or update this Privacy Policy from time to time, and if we make material changes to it, we will notify you through the Service, or by other means so that you may review the changes before you continue to use the Service. Your continued use of the Service after we publish or communicate a notice about any changes to this Privacy Policy means that you consent to the changes.

1. INFORMATION COLLECTION
The amount of information we collect depends on which features of the Service you use. WL EPS may need personal information about you as applicable to provide the Service, and your providing the information to us constitutes your consent to our processing of this information. More specifically, we may collect the following categories of personal information about you:
Registration Information : Your email address and password (your login credentials), and other information necessary to set up your account on the Service, which will depend on the features you use or your employer chooses to use.
Identity information : Your name, physical address, Social Security Number/tax identification number, and other identifiers used to manage and track human resources processes and benefits.
Demographic information : If you voluntarily submit information regarding your race in response to Equal Employment Opportunity Commission questionnaires.
Information from Third-Party Sites and Services: If you use WL EPS to manage third party services that integrate with the Service, we may have access to your information on such third-party services. We may, for example, have information about your use of a third-party payroll service provider.
Device and IP Information: When you access the Service, we automatically receive the internet protocol (" IP ") address of your computer or the proxy server that you use to access the internet, in addition to other technical information such as your computer operating system details, your type of web browser, your mobile device (including your mobile device identifier provided by your mobile device operating system), your mobile operating system, and the name of your ISP or mobile carrier. WL EPS may log this information and analyze it to determine anomalous behavior, detect threats and generally improve the Service.
From your interaction with Customer Support: When you contact our customer support team, we may review your WL EPS user profile. Customer support will collect the information necessary to categorize your questions, respond to them, and, if applicable, investigate and resolve any issue you bring to our attention or that we discover independently. We may also use this information to track potential problems and trends, improve the Service, and customize our support responses to better serve you.
Cookies, Beacons, Mobile SDKs, and similar technologies: We use cookies and similar technologies, including beacons in email messages, and application developer platforms that use mobile Software Development Kits (" SDKs ") to collect information about your use of any mobile application that we make available to you, and other information related to how browsers and mobile devices interact with the Service. These technologies help us recognize your browser or mobile device when you log in to our website and use our mobile applications and help us improve your experience with the Service, increase WL EPS security, and measure and improve the use and effectiveness of our Service. WL EPS also uses these technologies to serve advertising to you on other sites using third party advertising services. You can control the cookies set in your browser and even block them entirely by configuring your browser settings. If you block cookies, however, you may not be able to use the Services. Additional options for controlling how or whether WL EPS can target you with advertising is detailed in Section 2 (advertising and marketing) of this policy. By visiting WL EPS " website or using our mobile applications, you consent to the placement of cookies and beacons on your browser, and our use of mobile SDKs in accordance with this Privacy Policy.

2. USES AND DISCLOSURES OF YOUR INFORMATION
WL EPS uses the information it collects about you as set forth below:
To provide the Service:WL EPS uses the information it collects to provide the Service to our Users including to provide User-specific and customized experiences where necessary and appropriate.
To improve and customize the Service:WL EPS seeks to improve your experience with the Service. As a result, we will analyze data we collect about your use of the Service to inform how we can improve our products, including our software, infrastructure, user interfaces, and integrations with our partners.
To communicate with you:WL EPS wants to help you know how to best take advantage of the Service, especially as we improve and develop new features. We may send messages relating to your use of the Service. We may also send you messages about Service-related matters through our dashboard or by email. Also, because we want to improve the Service, we may occasionally send promotional materials out via email so that you are able to take advantage of new or unused features.
To advertise and market to you:As noted above, WL EPS relies on cookies, beacons, and mobile SDKs to recognize your browser or mobile device in order to serve you ads. These same technologies are used by WL EPS to analyze the effectiveness of our advertising and email marketing campaigns. WL EPS may use third party services,data, and software tools to target advertising to you, perform campaign effectiveness analysis, help us identify and reach potential Users, and track the performance of our Services and advertising generally. WL EPS' third party advertising vendors do not have any independent right to use WL EPS' data or that of its Users.
To work with our vendors and service providers:WL EPS uses third party vendors and service providers to provide the Service to you. We use third parties to help us advertise and market to you. We may also provide some of your information (your email address, for example) to a service provider in order to reach you with an email campaign about new WL EPS features, however, our service providers and vendors have no independent right to use your data. All our vendors are limited to their use of your data in the same way that we are limited in our use of your data by this Privacy Policy.
To comply with valid legal process and similar disclosures:WL EPS may disclose your information as permitted by law or as reasonably necessary to: Comply with a legal requirement or process, for example, civil and criminal subpoenas, court orders or other compulsory disclosures; Enforce this Privacy Policy or our Terms of Use Agreement; or, To protect the rights, property, or safety of WL EPS, our employees, or our Customers and Users.

3. YOUR CHOICES
Right to access, correct, and delete your personal information:Users have a right to access, modify, correct, or delete personal information controlled by WL EPS as necessary.
Retention:WL EPS retains the personal information you provide while your account is in existence or as needed to provide you the Service, including customer support-related reporting and trend analysis. We may retain Customer or User information if retention is reasonably necessary to comply with our legal obligations, meet regulatory requirements, resolve disputes between Customer, Users, or related parties, prevent fraud and abuse, or enforce this Privacy Policy or our Terms of Use Agreement. We may retain personal information, for a limited period of time, if requested by law enforcement.

4. IMPORTANT INFORMATION
Security: WL EPS has implemented industry standard administrative, technical, and physical security safeguards designed to protect the personal information that you provide. Access to your data on our Service is password-protected, and data is protected by SSL encryption when it is exchanged between your web browser and the Service. We also support secure https access to the WL EPS.com website. To protect any data you store on our servers, we also regularly monitor our system for possible vulnerabilities and attacks.
As you know, however, the Internet is not a 100% secure environment, and as a result, we cannot ensure or warrant the security of any information that you transmit to us. There is no guarantee that information may not be accessed, disclosed, altered, or destroyed by breach of any of our administrative, technical, or physical safeguards. It is your responsibility to protect the security of your login information. Please help keep your account safe by using a strong password.
Storage and Processing:Your information collected through the Service may be stored and processed in the United States or any other country in which WL EPS or its subsidiaries, affiliates or service providers maintain facilities. If you are located in the European Union or other regions with laws governing data collection and use that may differ from U.S. law, please note that we may transfer information, including personal information, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to the transfer of information to the U.S. or any other country in which WL EPS or its affiliates or service providers maintain facilities as well as to the use and disclosure of information about you in connection with the foregoing as described in this Privacy Policy.
Changes to this Privacy Policy:WL EPS may change this Privacy Policy from time to time. If we make material changes to the Privacy Policy, we will provide notice to you though the Service or by some other means, such as email. Please review this Privacy Policy frequently, and any notice we provide about material changes carefully. If you agree to the changes, simply continue to use our Service. If you object to any of the changes to our terms and you no longer wish to use our Service, please let us know. This Privacy Policy applies to all information that we have about you and your account. Using our Service after a notice of changes has been communicated to you or published on the Service shall constitute consent to the changed terms or practices.
California"s Shine the Light Law:California Civil Code Section 1798.83, known as the "Shine The Light" law, permits Users who are California residents to request and obtain from us a list of what personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year and the names and addresses of those third parties. Requests may be made only once a year and are free of charge. Under Section 1798.83, we currently do not share any personal information with third parties for their own direct marketing purposes.
California"s Do-Not-Track Disclosure:As required by the California Online Privacy Protection Act (California Business and Professions Code Sections 22575-22579), WL EPS notes that although we do our best to honor the privacy preferences of our Users, and have implemented industry standard safeguards as described above, we do not respond to Do-Not-Track signals from your browser at this time due to the lack of a neutral and consistent industry standard. WL EPS does not collect personal information about your online activities over time and across third party websites or services. However, when WL EPS uses third-party services, data, and software tools to target advertising to you, these third parties may collect personal information about your online activities over time and across third party websites or services.
Users under the age of 13:The Service is a general audience software not directed at children under the age of 13. Unless listed as a dependent under an adult's insurance policy or other insurance benefits, WL EPS does not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register as Users. In the event that we learn that we have collected personal information from a child under the age of 13, we will delete that information as quickly as possible. If you believe that we might have any information from a child under 13 that is not a dependent of one of our Users, please contact us as set out in Section 5 below.

5. CONTACT US You may contact us by mail at:
Worklogic EPS 5016 California Avenue
You may also reach us by email here: tos@WorklogicEPS.com
Effective date: March 5, 2019.

Terms of Use

Last updated on March 5, 2018

Introduction
Hello and welcome to this Sexual Harassment Training provided by Worklogic EPS, we hope you enjoy learning about us and our various offerings. Please read these terms of use ("Terms of Use") carefully because they are a binding agreement between you and WL EPS ("WL EPS","we","our"or"us"). These Terms of Use apply to your use of the Sexual Harassment Training. If you do not agree with these Terms of Use, do not access or download the Sexual Harrsmanet Traning.

1. Your Use of the Sexual Harassment Training WL EPS owns and operates the Sexual Harassment Training. The documents and other information and content available on the Sexual Harassment Training is referred to as"Content."The Content is protected by copyright laws throughout the world. WL EPS grants you a limited, revocable license to access and use the Sexual Harassment Training and the Content. You are required to retain all copyright and other proprietary notices on any copies of the Content. Using the Sexual Harassment Training does not give you any ownership rights to the Content. Further, nothing in these Terms of Use is to be construed as conferring to you any license or right under any patent, copyright, trademark, or other intellectual property right of WL EPS or any third party. WL EPS and its suppliers reserve all rights not granted in these Terms of Use.
You may not provide any Data (as defined in Section 5) or use the Sexual Harassment Training in any way that violates any laws, infringes on anyone�s rights, is offensive, or interferes with the Sexual Harassment Training or any Sexual Harassment Training features. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any Content or any portion of the Content in any electronic medium or in hard copy, or create any derivative work based on such Content, without our express written permission. The Sexual Harassment Training and Content are for informational purposes only and we do not make any recommendations on or via the Sexual Harassment Training; accordingly, you should not rely upon the Sexual Harassment Training or Content as the sole basis for any decision or action.

2. Trademarks. All trademarks, logos and service marks ("Marks") displayed on the Sexual Harassment Training are our property or the property of third parties. You are not permitted to use these Marks without the Marks' owner's prior written permission

3. Modification WL EPS reserves the right to (i) modify the Content or to (ii) modify, suspend, or discontinue the Sexual Harassment Training or any part the Sexual Harassment Training at any time with or without notice to you. You agree that WL EPS will not be liable to you or to any third party for any modification of the Content or any modification, suspension, or discontinuance of the Sexual Harassment Training.

4. Feedback All information, ideas, suggestions or other communications you submit or provide to us will be non-confidential and non-proprietary ("Feedback"). Accordingly, do not submit or provide WL EPS with any information you consider confidential or proprietary. Unless you and WL EPS agree otherwise in a written agreement, WL EPS will be entitled to use, disclose or distribute any Feedback for any purpose whatsoever (including commercial purposes) without any obligation to you (monetary or otherwise).

5. User Submissions The Sexual Harassment Training may enable you to submit emails or otherwise provide certain content, data or other information ("Data") to WL EPS. You can only post Data if you own all the rights to the Data or if the owner has given you permission. You do not transfer ownership of the Data you provide, submit or post; however, by doing so, you grant WL EPS the irrevocable right to use, copy, modify publish, perform, transmit and display such Data in accordance with these Terms of Use, and you waive any moral rights you may have in such Data. WL EPS will be free to use such Data for any reason whatsoever.

6. Privacy Policy Please review the Software Privacy Policy.

7. Third Party Links The Content may contain links to websites that are owned and/or operated by third parties. Such websites are not under our control. We provide these links only as a convenience and we do not review, approve, monitor, endorse, warrant, or make any representations with respect to such websites. We are not responsible for such websites' content or for any link(s) they may contain.

8. Warranty Disclaimer WL EPS DOES NOT MAKE ANY WARRANTIES OR PROMISES ABOUT THE SEXUAL HARASSMENT TRANINIG OR CONTENT. FOR EXAMPLE, INFORMATION ON THIS SEXUAL HARASSMENT TRANINIG MAY NOT BE CURRENT, OR COMPLETE WHEN YOU VISIT THE SEXUAL HARASSMENT TRANINIG AND IT MAY CONTAIN ERRORS AND INACCURACIES. ADDITIONALLY, WE DO NOT MAKE ANY COMMITMENTS OF THE SEXUAL HARASSMENT TRANINIG LEGAILTY, AVAILABLITY, RELIABLITY OR ALBITY TO MEET YOUR NEEDS. WL EPS PROVIDES THE SEXUAL HARASSMENT TRANINIG AND CONTENT "AS IS" AND FOR YOUR USE AT YOUR OWN RISK. SOME JURISDICTIONS PROVIDE CERATIN WARRANTIES, SUCH AS NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT WE ARE PREMITTED BY LAW, WL EPS DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS IMPLIED, OR STATUTORY, INCLUDING ALL THE WARRANTIES LISTED ABOVE, AND ANY WARRANTIES OF TITLE, ACCURACY, AND QUIET ENJOYMENT.

9. Indemnification You agree to indemnify and hold WL EPS, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the "WL EPS Parties") harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of: (a) your Data or (b) your violation of any applicable laws, rules or regulations. WL EPS reserves the right, at its own cost, to assume the exclusive defense and control of any matter requiring indemnification by you, in which event you will fully cooperate with WL EPS in asserting any available defenses. You agree that the provisions in this section will survive your access or use of the Sexual Harassment Training.

10. Limitation of Liability YOU UNDERSTAND AND AGREE THAT EXCEPT WHERE PROHIBITED IN NO EVENT WILL THE WL EPS PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE CONTENT OR THE SEXUAL HARASSMENT TRANINIG, CONTENT, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT A WL EPS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ON ANY THEORY OF LIABILITY. THE WL EPS PARTIES' TOTAL CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS OF USE, THE SEXUAL HARASSMENT TRANINIG, OR THE CONTENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED FIFTY DOLLARS (US$50). THE SEXUAL HARASSMENT TRANINIG IS NOT INTENDED TO PROVIDE LEGAL ADIVICE AND SHALL NOT BE USED AS A SUBSTITUTE FOR SPEAKING OR COUNSELING WITH AN ATTORNEY, AND USER HEREBY WAIVES ANY ARGUMENT RAISING SAME.

11. International Visitors The Sexual Harassment Training can be accessed from countries around the world and may contain references to products and services that are not available in your country. These references do not imply that WL EPS intends to provide any product or service offerings in your country. We control and operate the Sexual Harassment Training, the Content and our offerings from our facilities in the United States of America. WL EPS makes no representations that the Sexual Harassment Training, the Content and any of our offerings are or will be appropriate or available for use in foreign countries. Those who access or use Sexual Harassment Training or the Content from other jurisdictions do so at their own volition and are responsible for compliance with all applicable laws.

12. Amendment(s) We may change these Terms of Use from time to time for any reason. If we make any changes, we will change the Last Updated date (found above) and post the new Terms of Use.

13. Additional terms We currently have various service offerings. If you subscribe to any such offerings, we will provide such services under a separate digitally or manually executed agreement. Such agreement will supersede these Terms of Use. These Terms of Use may also be superseded by expressly designated legal notices or terms located on particular pages of the Sexual Harassment Training.

14. Governing Law; Venue These Terms of Use and any related action will be governed and interpreted by and under the laws of the State of California, without regard conflicts of laws, principles or rules. Venue for any dispute arising out of these Terms of Use will be the state courts located in Kern County, California or the federal courts of the United States in the Eastern District of California, and each party (you and WL EPS) consents to personal jurisdiction to such court(s) and also waive any right it may otherwise have to challenge the appropriateness of such forums.

15. General Provisions Any waiver or failure to enforce any provision of these Terms of Use on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If any particular provision of these Terms of Use is held invalid or unenforceable, that part will be modified to reflect the original intention of the parties, and the other parts will remain in full force and effect.

16. Payments Training credits may be purchased at any time as needed, or you may pre-purchase several training credits for later use. Training credits never expire. Once a training credit has been used to assign a training session, it is non-transferable and non-refundable. Training credits must be purchased with a credit card. Worklogic nor any of its affiliates store any credit card protected data.

17. Contact
Worklogic EPS
5016 California Ave
Bakersfield, CA 93309
tos@worklogiceps.com

WORKLOGIC HR

HUMAN RESOURCES CONSULTING SERVICE AGREEMENT

This Agreement is entered into on DATE between WORKLOGIC HR. ("Consultant") at 5016 California Ave., Bakersfield CA 93309 and COMPANY (“Client”) with principal offices at CLIENT ADDRESS Consultant agrees to provide, and Client agrees to obtain from Consultant, the following selected human resources consulting services as proposed DATE: Human Resources Package: PACKAGE IE Silver, Gold, Platinum CONFIDENTIALITY:

Client has entered into an agreement with Consultant for Consultant to provide Human Resources consulting services.
During the course of providing those services, Consultant will have access to confidential information relating to the operations of Client, including information about Client’s personnel and human resources, salaries, wages, benefits, expenses, clients, vendors, sales, company management, business and marketing plans, and trade secrets. Consultant recognizes that Client has a legitimate interest in protecting its confidential information from unauthorized use and disclosure. Accordingly, Consultant agrees not to use or disclose Client’s confidential information for any purpose other than providing consulting services to Client, and not to disclose Client’s confidential information to any third parties without Client’s written consent. Consultant further agrees to take all reasonable steps necessary to ensure that the confidentiality of such information is maintained.

SCOPE OF ENGAGEMENT; LEGAL SERVICES:
Human resources consultant services are provided as a result of assessment of human resources practices, policies and procedures. The information gathered in order to perform the agreed upon scope of service is obtained from the Client. Consultation will attempt to be thorough and accurate with its review, recommendations and delivery of service, however, because of the complexity and variety of human resource functions, it cannot ensure or guarantee complete accuracy in all cases. Consultant"s recommendations and services are based upon its administrative and management experience, and familiarity with human resource practices
Legal Services. The provision of human resource services may require the assistance of legal counsel, and Worklogic HR is not authorized to practice law. In that event, this Agreement authorizes Worklogic HR to retain the services of legal counsel to the extent necessary to allow Worklogic HR to complete the services designated. In order to provide these services, Worklogic HR has established a relationship with several law firms with whom Worklogic HR consults from time to time. By signing this Agreement, Client agrees to disclose any current attorney-client relationships for the purpose of eliminating potential legal relationship conflicts between Worklogic HR and client.


CONTRACT AND PAYMENT TERMS:

  • The initial term of this Agreement shall commence on registration date. This Agreement may be terminated by either party by providing 30 days’ notice in writing. Client agrees to true up HR Project Deliverables based on a la carte pricing as applicable

Terms of payment are as follows: CLIENT UNLOCKS TRAINING TO PAY FOR SERVICE OFFERING. Payment shall be made through third party payment processor Stripe. Consultant fees include travel, telephone, computer, and printing expenses necessary to perform agreed upon service(s). Consultant fees include preventative legal consultation, attained at Worklogic HR’s discretion, for hotline calls and project implementation detailed above. Program pricing assumes 4 hours per month, 8 hours per month, or 12 hours per month. in the event hours exceed this expectation on a quarterly average, additional hours will be billed at a consulting rate of $75 per hour. Out of area travel time, airfare, hotel and other related expenses are not included in monthly retainer fees and will be negotiated between Consultant and Client as requested
  • Client understands that employees of Consultant represent a significant investment. Should Client pursue a direct employment relationship with any Consultant employee during the term of this Agreement and for one year from the termination or expiration of this Agreement, Client agrees to pay a direct hire fee of 25% of employee’s initial annual salary.

  • The parties acknowledge and agree that nothing in this Agreement shall be construed or interpreted in a manner that would hold any of Client’s employees to be the employees of Consultant. Accordingly, Consultant shall exercise no control over Client’s employees.

  • The parties acknowledge and agree that nothing in this Agreement shall be construed or interpreted in a manner that would hold Consultant responsible for providing any services other than those specifically described herein. It is expressly understood that Consultant shall not provide assistance in the event of a worksite union organization campaign, H1-B or other Visa petition, or affirmative action plan filing requirement.

  • This Agreement shall be governed for all purposes by the laws of the State of California, with exclusive jurisdiction in the Circuit Court in and for Kern County, California.

  • This Agreement shall constitute the entire agreement between the parties. No waiver or modification of this Agreement will be binding upon either party unless made in writing and signed by a duly authorized representative of each party.


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