Sugarwork Terms of Service
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
By using this site, you agree to the Terms and Conditions. If you do not agree to all of these Terms and Conditions, do not use this site.
Welcome to Sugarwork.
Sugarwork has its website located at sugarwork.com ("the Site"), through which you may access our flexible role matching and knowledge transfer platform (the "Service"). The Site and the Service are made available by Sugarwork, Inc. ("us," "we," or "Sugarwork"). The following terms and conditions ("Terms of Use") govern access to and use of the Site and the Service. Please review the following terms carefully before using the Site or the Service or registering for the Service. By registering for the Service, or by accessing or using the Site or the Service you ("you" or the "User") agree to be bound by these Terms of Use and all policies and guidelines incorporated by reference in these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Site or the Service and you should not register for the Service.
These Terms of Use include a release by you of all claims for damage against us that may arise out of your use of the Service or the Site. By using the Site or the Service, or by registering for the Service, you agree to this release.
THESE TERMS OF USE INCLUDE (1) AN ARBITRATION PROVISION; (2) A WAIVER OF RIGHTS TO BRING A CLASS ACTION AGAINST US; AND (3) A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES. BY USING ANY OF THE SERVICES, YOU AGREE TO THESE PROVISIONS.
I. PRIVACY POLICY
Sugarwork respects and endeavors to protect the privacy of its Users. Please refer to Sugarwork's Privacy Policy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service or the Site, or when you click “I Agree” or register for the Service, you signify your acceptance of and agreement with our Privacy Policy.
II. OUR SERVICES - WHAT WE DO
Sugarwork is an online flexibility and knowledge platform that allows Users to, among other things, express flexibility goals, receive and apply for suggested flexible employment matches, and transfer knowledge to other colleagues in your organization. Sugarwork hereby grants you a personal, terminable, non-exclusive right to access and use the Service and the Site in accordance with these Terms of Use for your personal, non-commercial use. We may terminate this right at any time in our sole discretion.
III. REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You must be at least 18 years of age to register for and use the Service. By registering for the Service, you represent and warrant that you are 18 years of age or older. You are strictly limited to only one (1) open Sugarwork account at any time.
When you register with the Site or Service, you will be asked to create an account and provide Sugarwork with certain information including, without limitation, a valid email address and phone number. As part of the Service, you may receive emails, SMS texts, push notifications and phone calls from us. By signing up for the Service and providing your email and phone number, you agree to receive these communications from us. You also acknowledge that these communications may be monitored and/or recorded for quality assurance purposes, and you expressly consent to being monitored or recorded. We will not share them with your employer or with any other third party except in limited instances clearly outlined in our Privacy Policy. Sugarwork will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your account.
If you create an account, you may be able to upload your employment information, photograph and contact information to the Site and you may be able to send messages to, and receive messages from, employers and other Users. You are solely responsible for any such information or documents that you post, upload, link to or otherwise contribute to or make available via the Service.
In order to ensure a safe and effective experience for all of our Users, Sugarwork reserves the right to limit the amount of data that may be accessed by you in any given time period. These limits may be amended in our sole discretion from time to time.
IV. PAYMENT TERMS
There is no cost to creating a User account to use the Service. In future versions of the Site and the Service we may, in our sole discretion, elect to charge our Users to access the Site and the Service, or certain aspects or portions of the Site or the Service. If we decide to introduce such a fee, we will inform you and allow you to either continue or terminate your User account. In the event a User chooses to discontinue their use of the Site after we elect to change our payment terms, their User Content (as defined in Article VIII below) and data will be subject to the terms of our then current privacy and data retention policies as well as the terms herein.
Please note that you may incur usage charges or other fees or costs in accordance with your wireless or data service plan when using the Internet to access the Services and in connection with any e-mails, texts or calls that you may receive from us as part of the Services. Any and all such charges, fees, or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees, or costs may apply to your use of the Services.
V. USE RESTRICTIONS
Your permission to use the Site and the Service is conditioned upon the following Use Restrictions:
You agree that you will not under any circumstances:
Post, upload, email, deliver, transmit or otherwise make available any information or content, including, without limitation any User Content, on or via the Site or the Services that:
Is abusive, malicious, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present;
Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “multi-level marketing,” or any other form of solicitation;
Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of the Service, the Site, or any User;
Is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content;
Forges headers or otherwise manipulates identifiers in order to disguise the origin of any communication transmitted through the Service
Use the Service for any unlawful purpose or for the promotion of illegal activities;
Attempt to, or actually, harass, abuse or harm another person or group;
Use another User's account without permission;
Provide false or inaccurate information, including, without limitation, when registering for a Sugarwork account;
Interfere or attempt to interfere with the proper functioning of the Service or the Site;
Make any automated use of the Service or the Site, or take any action that we deem in our sole discretion to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
Bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
Publish or link to malicious content intended to damage or disrupt the Site, the Service or another User's browser or computer;
Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Service;
Make any unauthorized commercial use of the Site or Service.
You hereby affirm you are solely responsible for your account and the activity that occurs while signed in to or while using your account. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. We reserve the right, but will have no obligation, to investigate your use of the Service in order to determine whether a violation of these terms have occurred. We reserve the right to remove User Content that is deemed inappropriate at our discretion without prior notification to you or any other User.
VI. ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Site or the Service, but not directly by Sugarwork, are those of their respective authors and owners and the Users who contribute or share them, and should not necessarily be relied upon. Such persons are solely responsible for such content. Sugarwork does not guarantee the accuracy, completeness, or usefulness of any information accessed on the Site or through the Service and neither does Sugarwork adopt or endorse, nor is Sugarwork responsible for, the accuracy or reliability of any opinion, advice, or statement made by any such party. Sugarwork takes no responsibility and assumes no liability for any information or content that you or any other User or third party posts or sends over the Service.
VII. THIRD-PARTY SERVICE PROVIDERS
As part of the Service, you may be able to access or use third party services that aren’t part of our Service, including links to third party website(s) ("Third Party Sites"), as well as articles, videos, webinars, photographs, text, graphics, pictures, designs, music, sound, video, information, and other materials, content or items belonging to or originating from third parties (the "Third Party Content"). Sugarwork provides such content and links for the convenience of our Users. Sugarwork has no control over Third Party Sites and Third Party Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Content.
When you access Third Party Sites or Third Party Content, you do so at your own risk. We encourage you to be aware when you leave the Service and to read the terms and conditions and privacy policy of each third party service that you visit or use. We are not responsible for those services or any issues that arise from your use of them.
VIII. USER CONTENT; LICENSE GRANT
In the course of using the Services, you may provide us with information about you and your employment. Anything you share or provide to us will be owned by you. By posting, uploading, transmitting, submitting or otherwise making available any User Content on or via the Service, you hereby grant, and you represent and warrant that you have a right to grant to Sugarwork, a royalty-free, sublicensable, transferable, perpetual, irrevocable, non- exclusive, worldwide license to use, reproduce, modify, publish, li information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content in whole or in part and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and the Site. For the avoidance of doubt, the license granted under this Article VIII will survive any termination of these Terms or any cancellation, suspension or termination of the relevant account.
If you share any information publicly (e.g., if you post a comment on our blog or message us on Instagram, Twitter or LinkedIn), this information will still be owned by you, but it may be viewed or accessed by anyone who visits our Site and it will not be considered confidential. You grant us a universal, perpetual, sublicensable, commercial, and non-commercial, irrevocable license to use this information and content in any way.
Please be sure to only share information and content that belong to you (whether privately or publicly). You are solely responsible for all information and content that you upload, post, email, transmit, or otherwise provide in connection with the Services, and you warrant that you have all rights necessary to provide such information and content to us and to grant us the rights to use such information as described above. By providing or submitting any such information in connection with your use of the Service, you represent and warrant that your User Content is complete and correct to the best of your knowledge and that it does not and will not violate any applicable laws or regulations or any third-party proprietary rights, including, without limitation, copyright, trademark, confidentiality, rights of publicity or privacy, and defamation laws.
IX. INTELLECTUAL PROPERTY
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and its entire contents, features and functionality and the Service, including applicable copyrights, trademarks and other proprietary rights. The product and service names and logos on the Site, and the appearance of the Site, including icons and graphics (“Marks”), are service marks, trademarks (whether or not registered) and/or trade dress of (i) Sugarwork or our licensors or (ii) the respective owner of such Mark. You may not reproduce or use Sugarwork's Marks without the prior written permission of Sugarwork. You agree not to remove or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site. We reserve all rights that are not expressly granted to you under this Agreement.
By submitting feedback and suggestions, you grant a non-exclusive, perpetual, irrevocable, and royalty-free license to any intellectual property rights you may have in your feedback and suggestions to Sugarwork to use to improve any Sugarwork products or services. You acknowledge that submission of feedback and suggestions is voluntary and Sugarwork may consider or is developing technology that is the same or similar to your feedback or suggestions.
X. WARRANTY DISCLAIMER
THE SERVICE AND THE SITE ARE PROVIDED "AS IS," WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WITHOUT LIMITING THE FOREGOING, SUGARWORK EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE, THE SITE, OR ANY INFORMATION OR CONTENT PROVIDED BY SUGARWORK THROUGH THE SITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, SUGARWORK MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE DELIVERY OF ANY MESSAGES OR COMMUNICATIONS SENT THROUGH THE SERVICE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM OR THROUGH THE SERVICE, THE SITE OR SUGARWORK. ALL ADVICE, SUGGESTIONS OR FEEDBACK PROVIDED BY SUGARWORK REGARDING YOUR CAREER, EMPLOYMENT, OR OTHER GUIDANCE ARE PROVIDED TO YOU THROUGH THE SITE AND THE SERVICE ARE PROVIDED “AS IS,” AND SUGARWORK MAKES NO REPRESENTATION OR WARRANTY THAT USE OF THE SITE OR THE SERVICES, INCLUDING THAT ANY CAREER, EMPLOYMENT, OR OTHER GUIDANCE, SUGGESTIONS, OR ADVICE PROVIDED IN CONNECTION WITH THE SERVICE OR THE SITE WILL PRODUCE ANY SPECIFIC RESULT OR BENEFIT. SUGARWORK DOES NOT GUARANTEE (A) THE QUALITY, SAFETY OR LEGALITY OF THE INFORMATION OR SERVICES PROVIDED THROUGH THE SITE AND THE SERVICE, OR (B) THAT USE OF THE SITE OR THE SERVICE WILL RESULT IN YOU OBTAINING A JOB, INTERVIEW, OR OTHER CAREER ADVANCEMENT WITH ANY PERSON OR ENTITY, AND YOU ACKNOWLEDGE THAT SUGARWORK HAS NO RESPONSIBILITY REGARDING YOUR ABILITY TO BE HIRED BY ANY PERSON OR ENTITY. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
XI. LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT SHALL SUGARWORK, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, RIGHTS, USE, OR DATA, SERVICE DOWNTIME, LOST OPPORTUNITY, REPUTATIONAL HARM, OR FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE OR THE SITE; (C) THE SERVICE GENERALLY (INCLUDING, WITHOUT LIMITATION, THE RESUME SERVICES) OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; (D) THE UNAUTHORIZED USE OF YOUR MEMBER NAME, PASSWORD AND/OR ACCOUNT BY ANY THIRD-PARTY; (E) YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR THE SERVICE, OR TRANSMITTED ON OR VIA THE SERVICE OR THE SITE OR (F) ANY OTHER INTERACTIONS WITH SUGARWORK OR ANY OTHER USER, INCLUDING, WITHOUT LIMITATION, ANY EMPLOYER, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUGARWORK HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more Users (including any employer that is a User) or any other third party resulting from or arising out of or in connection with your use of the Service or Site, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Sugarwork encourages Users to keep a back-up copy of any User Content. To the extent permitted by law, in no event shall Sugarwork be liable for the deletion, loss, or unauthorized modification of any User Content.
XII. MODIFICATION OF TERMS OF USE
You agree that we have the right to amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in these Terms of Use. If you continue to use the Site or the Service, you signify your agreement to our revisions to these Terms of Use. However, we will notify you of material changes to the terms by posting a notice on our homepage and/or sending an email to the email address provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms of Use (other than as set forth in this paragraph) or waiver of Sugarwork's rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of Sugarwork. No purported waiver or modification of these Terms of Use by Sugarwork via telephonic or email communications shall be valid.
XIII. COMMUNICATIONS AND NOTICES; USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
All legal notices required by contract or by any applicable law or regulation to be provided to Sugarwork, or any of its officers, employees, agents, representatives, or affiliates must be provided in writing and mailed to Sugarwork at: Attn: Sugarwork Customer Support, 312 Fifth Avenue, New York, NY 10001. Communications made through the Site or the Service (including messages submitted to us at hello@sugarwork.com) will not constitute legal notice to Sugarwork or any of its officers, employees, agents, representatives, or affiliates in any situation where notice to Sugarwork is required by contract or any law or regulation.
For contractual purposes, you (a) consent to receive communications from Sugarwork in an electronic form via the email address you have submitted in connection with your User account; (b) agree to accept notice regarding updates, modifications, or amendments to these Terms of Use by our posting a notice on our homepage or sending an email to the email address provided to us upon registration, and (c) agree that all Terms of Use, agreements, notices, disclosures, and other communications that Sugarwork provides to your User account electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
XIV. TERMINATION
Sugarwork may terminate or suspend your account or ability to use the Site or the Service, in whole or in part, without notice, in the event that (i) you violate the Terms of Use or violate any other rules that govern the use of the Service, (ii) your conduct may harm Sugarwork or others or cause Sugarwork or others to incur liability, or (iii) as otherwise determined by Sugarwork in its sole discretion. Sugarwork may modify the Service, and all content, software and other items used or contained in the Service, at any time. You may terminate your Sugarwork registration and account by providing written notice to Sugarwork in accordance with Article XIII above requesting such actions be taken. Your access to, use of, or participation in the Service, including any content therein, may be prevented by Sugarwork at any time after your termination of your account.
XV. ARBITRATION
Sugarwork and you (such references include our respective subsidiaries, affiliates, predecessors in interest, successors and assigns) agree to arbitrate all disputes and claims arising out of or relating to these Terms of Use. If you intend to seek arbitration you must first send written notice to us of your intent to arbitrate ("Notice"). The Notice to Sugarwork should be sent by U.S. Postal Service certified mail to Sugarwork, Inc. at: Attn: Sugarwork Customer Support, 312 Fifth Avenue, New York, NY 10001. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within 30 days after the Notice is received, You or Sugarwork may commence an arbitration proceeding.
The arbitration shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by these Terms of Use, and shall be administered by the AAA. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of these Terms of Use. Except as otherwise provided for herein, Sugarwork will pay all AAA filing, administration and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is improper or not warranted, as measured by the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all such fees shall be governed by the AAA Rules. In such case, you agree to reimburse Sugarwork for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules.
You agree that, by entering into this Agreement, to the extent permitted by applicable law, you and Sugarwork are waiving the right to a trial by jury. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. You and Sugarwork agree that YOU AND SUGARWORK MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings or more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void.
XVI. GENERAL TERMS
If any part of these Terms of Use are held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. The headings contained herein are for ease of reference only and do not affect the interpretation or construction of these Terms of Use. Any failure on the part of Sugarwork to enforce any provision of these Terms of Use will not be considered a waiver of our right to enforce such provision. Our rights under these Terms of Use will survive any cancellation or termination of your Site account, and any termination of these Terms of Use. You agree that any cause of action related to or arising out of your relationship with Sugarwork must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of New York, without regard to conflict of law provisions. The sole relationship between you and Sugarwork is that of independent contractors. Subject to Article XV, both Sugarwork and you each agree to submit to the personal jurisdiction of any New York state court located in the city of New York, New York, or the United States District Court for the Southern District of New York, for any actions arising out of or in connection with your use of the Site, the Service, or these Terms of Use.
You hereby agree that Sugarwork would suffer irreparable harm if these Terms of Use were not specifically enforced in the event that you breach these Terms of Use, and therefore you agree that Sugarwork shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms of Use, in addition to such other remedies as Sugarwork may otherwise have available to it under applicable laws. Subject to the provisions of Article XV above, in the event any litigation is brought by either party in connection with these Terms of Use and consistent with these Terms of Use, the prevailing party in such litigation shall be entitled to recover from the other party all the costs, attorneys' fees and other expenses incurred by such prevailing party in the litigation.
Sugarwork may assign or delegate these Terms of Use and/or the Sugarwork Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign, resell or delegate any rights or obligations under the Terms of Use or Privacy Policy without Sugarwork's prior written consent, and any unauthorized assignment, resale or delegation by you is null and void.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS OF USE. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT SUGARWORK.COM/PRIVACY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THESE TERMS OF USE.