Terms of Service
Date of last revision: November 17, 2020
Welcome to WeSpire, Inc.’s website at WeSpire.com (the “Site”). WeSpire, Inc. (“we” or “us” or “WeSpire”) provides a platform, driven by proven behavioral science, to encourage employees to make a positive impact at work and in their communities (our “Services”). We use our Site primarily to promote and describe our company and Services and enable visitors (“you”) with a way to contact us about our company and Services. This Site is offered to you conditioned upon your acceptance without modification of any/all the terms, conditions, and notices set forth below (collectively, the “Terms”). By accessing or using this Site in any manner, you agree to be bound by these Terms. Please read the Agreement carefully. If you do not accept all of these Terms, do not use this Site. If you wish to terminate your agreement to these Terms at any time you can do so by no longer accessing or using our Site. Please review our Terms periodically for changes. Your continued use of the Site will mean you accept the revised Terms.
1. Your rights and obligations
As a condition of using this Site, you represent that:
- you are at least 18 years of age;
- all information supplied by you on this Site is true, accurate, current and complete;
- notify us immediately of any known or suspected breach of security or unauthorized use of your registration for the Site;
- use the Site in a respectful, professional manner; and
- comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements.
Additionally, you agree not to:
- violate the intellectual property rights of WeSpire or third-parties, including, without limitation, modifying, coping, distributing, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, transferring, or selling or re-selling any information, software, products, or services obtained from or through this Site;
- use this Site or its contents for any commercial purpose, including, without limitation, renting, leasing, loaning, trading, selling/re-selling or otherwise monetizing the Site or related data or access to the same, without WeSpire’s express consent;
- monitor the Site’s availability, performance or functionality for any competitive purpose;
- access, monitor or copy any content or information of this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
- violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site;
- take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
deep-link to any portion of this Site for any purpose without our express written permission;
- “frame”, “mirror” or otherwise incorporate any part of this Site into any other website without our prior written authorization;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by WeSpire in connection with the Site or the Services;
- impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; and
- intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law.
We retain the right at our sole discretion to deny access to anyone to this site and the services we offer, at any time and for any reason, including, but not limited to, for violation of these Terms.
We have the right, but not the obligation, to monitor the Site to determine compliance with these Terms and any other operating rules we have established and to satisfy any law, regulation or authorized government request. We have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on the Site. We reserve the right to restrict, suspend, or terminate your account if you misuse the Site or if you violate these Terms.
3. Intellectual property
The contents of the site are protected by copyright, trademark and other intellectual property laws and, except as otherwise expressly set out in these Terms, may not be used, copied, reproduced, sold, published, distributed, displayed, retransmitted or modified, without the express prior permission of WeSpire.
“WeSpire™” and other graphics, logos, designs, page headers, button icons, scripts, and service names available on the Site are the trademarks of WeSpire, Inc. and may not be copied, imitated or used, in whole or in part, without the prior written permission of WeSpire. These trademarks may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, in any manner that is likely to cause confusion. All other trademarks, registered trademarks, product names and company names other logos and product and company names mentioned herein may be the trademarks of their respective owners.
If you are aware of an infringement of either your brand or our brand, please let us know by contacting us at the address provided at the end of these Terms.
5. Liability disclaimer
The information, software, products, and services published on this site may include inaccuracies or errors. you use the site at your own risk. WeSpire does not guarantee the accuracy of, and disclaim all liability for any errors or other inaccuracies relating to the information and description of the actions, products & services displayed on this site. WeSpire makes no representations about the suitability of the information, software, products, and services contained on this site for any purpose, and the inclusion or offering of any products or services on this site does not constitute any endorsement or recommendation of such products or services by WeSpire. The site and all information, software, products, and services available through the site are provided “as is” without warranty of any kind. WeSpire disclaims all warranties and conditions that this site, its servers or any email sent from wespire, are free of viruses or other harmful components. WeSpire hereby disclaims all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and noninfringement. If any applicable authority holds any portion of this section to be unenforceable, then our liability and responsibility will be limited to the extent permitted by applicable law.
6. Limitation of liability
You acknowledge and agree that WeSpire (it’s officers, directors and affiliates) shall not be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of, or in any way connected with, your access to, display of or use of this site or with the delay or inability to access, display or use this site (including, but not limited to, your reliance upon opinions appearing on this site; any computer viruses, information, software, linked sites, products, and services obtained through this site; or otherwise arising out of the access to, display of or use of this site) whether based on a theory of negligence, contract, tort, strict liability, or otherwise, and even if WeSpire has been advised of the possibility of such damages. If any portion of this limitation of liability is found to be invalid, WeSpire’s liability shall be limited to the full extent permitted by applicable law.
You agree to defend and indemnify WeSpire and its affiliates and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of: your breach of these Terms or the documents referenced herein; your violation of any law or the rights of a third party; or your use or inability to use this Site; and your intentional or negligent misrepresentation or misuse of confidential or protected information, including personally identifiable information and WeSpire’s intellectual property.
8. Links to third-party websites
This site may contain hyperlinks to websites operated by parties other than WeSpire. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. In some cases you may be asked by a third party site to link your profile on WeSpire to a profile on another third party site. Choosing to do so is purely optional, and the decision to allow this information to be linked can be disabled (with the third party site) at any time.
9. Governing law
This site is operated by a U.S. entity and these Terms are governed by the laws of the Commonwealth of Massachusetts, USA, without regard to conflict of law or choice of law rules. You hereby consent to the exclusive jurisdiction and venue of courts in Massachusetts, USA and stipulate to the fairness and convenience of proceedings in such courts for all disputes arising out of or relating to the use of this site. We make no representation that our site is appropriate, legal or available for use in locations outside of the United States. If you choose to access our site you agree to do so subject to the laws of Massachusetts and the United States.
If any part of these terms is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions in the Terms shall continue in effect. You agree that these Terms and any other agreements referenced herein may be assigned by WeSpire, in our sole discretion, to a third party in the event of a merger or acquisition. These Terms shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your access and use of the site.
11. Contacting us
If you have any questions, comments or concerns regarding these Terms, please contact:
Privacy Officer WeSpire, Inc.
50 Milk Street, Boston, MA 02109-5002