Behind the Work User Agreement

This User Agreement applies to any potential or actual customers of any products sold on the Behind the Work website.

1. General Disclaimer. Behind the Work is a marketing agency and its primary business is the building and tracking the progress of online marketing campaigns and initiatives. By agreeing to the Terms & Conditions, you are agreeing to allow them access to your site analytics.  By using this site, you agree to all its Terms & Conditions.
2. Terms and Conditions. By visiting, accessing or using any part of Behind the Work, I expressly accept, agree to and consent to be bound by the terms and conditions of this Behind the Work User Agreement (“Agreement”). If I do not agree to these terms and conditions of use, I will not access or use any portion of Behind the Work, and agree that my sole remedy is to discontinue my access to or use of Behind the Work.
3. User Agreement Modifications. Behind the Work may modify this Agreement at any time. Such modification shall be effective immediately upon either posting of the modified agreement or by notifying me. The most current version of the Behind the Work Use Agreement may be found at BehindtheWork.com. My continued access to or use of Behind the Work constitutes my conclusive acceptance of the modified agreement.
4. Operational or Website Modifications. Behind the Work reserves sole and complete discretion with respect to the operation of its’ site. Behind the Work reserves the right to modify the site, in whole or in part, at any time for any reason, including but not limited to changes to any features, content, functionality, software or other items used or contained in the site. Behind the Work further reserves the right to suspend its’ operations or its’ site, including for periodic maintenance, equipment malfunctions or causes beyond Behind the Work’s control. Behind the Work further reserves the right to terminate any of its applications or services. My continued access to or use of Behind the Work’s site constitutes my conclusive acceptance of any such modifications. I agree that Behind the Work shall not be liable to me for any such modification, suspension or termination of any of its applications or services.
5. Electronic Communications. When I access or use the Behind the Work website, I understand that I am communicating electronically with Behind the Work. I expressly consent to receipt of electronic communications from Behind the Work. I understand and agree that all agreements, notices, disclosures, authorizations, verifications, confirmations or other electronic communications that Behind the Work provides to me according to this paragraph satisfies any legal requirement that such communication be in writing.
6. Copyright and Trademarks. I understand that the entire contents of Behind the Work are copyrighted under the law as collective work and/or compilation. Behind the Work holds and owns the copyright and all other proprietary and intellectual property rights and title in and to the collective work, including but not limited to the pages, graphics, design, text, sound recordings, images, materials and content of the Behind the Work website, some of which may be trademarked. I agree that I will not copy, reproduce, alter, modify, decompile, reverse engineer, distribute, transfer, sell, transmit, translate, publish, perform, license, or create derivative works from, any of the contents of Behind the Work, including any information, products or services, without Behind the Work’s express written consent. I understand and agree that Behind the Work is solely for my personal, non-commercial use. Subject to these and any other express restrictions with regard to specific material, I understand that I may download information concerning my Behind the Work services or, if applicable, my membership, from Behind the Work solely for my personal non-commercial use, including as applicable information concerning my membership type, status, enrollment date, contact information, club usage, transactions, packages and/or payment accounts, if applicable. I understand that by posting, submitting, transmitting, emailing, messaging, uploading, sharing, or otherwise making available (hereinafter “post” or “posting”) any messages, text, files, images, video, photos, sounds, or other materials on or through Behind the Work (“User Content”), I am granting Behind the Work, its subsidiaries, affiliates, assigns, agents, and licensees the irrevocable, perpetual, fully paid, non- exclusive worldwide right to use, reproduce, display, distribute, adapt, perform and prepare derivative works of the User Content in or on Behind the Work. I further agree that Behind the Work does not need to give me any further right to approve its uses of my User Content.
7. Copyright Infringement Notification. Pursuant to the Digital Millennium Copyright Act (“DMCA”), Behind the Work has designated an agent (“Copyright Agent”) to receive notices of claimed copyright infringement. If I (or an agent authorized to act on my behalf) believe in good faith that my work is on Behind the Work in a way that constitutes copyright infringement, please provide written notice to Behind the Work’s Copyright Agent by email to neda@nozarilegal.com or Nozari Legal, LLC, 701 Main Street, Suite 202, Evanston, Illinois 60202 Attn: Copyright Agent with the following information:
   • a physical or electronic signature of a person authorized to act on the copyright owner’s behalf;
   • a description of the copyrighted work claimed to have been infringed;
   • a description of where the copyrighted work is located on Behind the Work, including if applicable a URL; your address, telephone number and email address; a statement that you believe in good faith that use of the work is not authorized by the copyright owner, its agent or the law; and a statement, under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
8. In accordance with the DMCA, Behind the Work may delete, remove or disable any infringing work, and may forward to the alleged infringer your written notice and its own notice that the work has been deleted, removed or disabled. Behind the Work reserves the right to terminate members who have posted infringing work.
9. Accuracy of My Personal Information. I represent and warrant that all information that I provide to Behind the Work through Behind the Work is current, accurate, complete and truthful, including but not limited to all initial or updated registration or membership information, including the legal name, street address, email address, telephone number, and financial transaction account information related to me or anyone on my membership. If a member of Behind the Work, I further specifically represent and warrant that I am an authorized account holder of any financial transaction account which I provide to Behind the Work through Behind the Work for payment of membership dues or other transactions.
10. Termination of My Use of Behind the Work. Behind the Work may block, restrict, disable, suspend or terminate my access to or use of all or any parts of Behind the Work without prior notice or liability to me.
    • Inappropriate Use of Behind the Work. I agree that I will not post, submit, transmit, email, upload, share, store or otherwise make available any User Content:
    • that is unlawful, illegal, threatening, abusive, harassing, stalking, intimidating, libelous, false, defamatory, invasive of another’s privacy or publicity rights, violent, vulgar, obscene, profane, sexual in nature, harmful to individuals, including minors, or is otherwise objectionable, offensive or improper in Behind the Work’s judgment;
    • that is hateful toward an individual or group of individuals on the basis of race, color, gender, sexual orientation, gender identity, national origin, ethnicity, age, disability, religion or any other protected class;
    • that violates any contract or agreement I have with Behind the Work, including but not limited to my Member Usage Agreement and General Terms Agreement (these agreements only apply to Behind the Work Members); that includes personal or identifying information about another person without that person’s affirmative consent; that is false, fraudulent, misleading or deceptive;
    • that constitutes or contains any form of commercial advertising, marketing, solicitation or promotion, including but not limited to messages and links for commercial purpose or benefit and any affiliate marketing, link referral code, junk mail, spam, chain letters, or pyramid or Ponzi schemes; and that may interrupt, limit, overburden, damage, impair, destroy or otherwise negatively impact the functionality or use of Behind the Work, including but not limited to User Content with a software virus or User Content in an excessive amount (e.g., flooding attack).
11. Third Party Content, Services, Applications and Tools. Behind the Work may include links to, or content from, third-party websites, resources, services, applications or tools (“Third Party Content”). I understand that if I choose to use or view such Third-Party Content, my Personal Information may be disclosed to such third-parties in order to access and use such Third-Party Content. Such third-party providers may request that I agree to separate privacy policies and terms of use that are different than that of Behind the Work. I understand that I should read any such policies before using or viewing such Third-Party Content. I understand and agree that Behind the Work does not control and is not responsible or liable for such Third-Party Content. I further understand that Behind the Work makes no representations or warranties concerning Third Party Content, including the extent to which it may be considered or construed as inappropriate, inaccurate, offensive, misleading or otherwise objectionable. I further agree that Behind the Work shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such Third-Party Content.
12. Privacy. I have read and understand Behind the Work’s Web Privacy Policy.  By visiting, accessing or using any part of Behind the Work, I agree to and accept the practices described in the Web Privacy Policy.
13. Assumption of Risk and Waiver of Liability. I expressly understand, acknowledge, and agree that there are risks inherent in accessing and using Behind the Work, including but not limited to loss, theft, breach, misuse, or unauthorized use of personal information. I expressly assume these risks, agree to access and use Behind the Work at my own risk, and agree to waive any and all claims against Behind the Work, and its subsidiaries, affiliates, officers, employees, agents, partners and licensors, related to such access or use (including claims on behalf of minors on my membership) for any damage, loss, or injury of any kind sustained by me or any person on my membership caused as a result of Behind the Work’s negligence, but not those resulting from gross negligence, willful misconduct, or reckless disregard, unless prohibited by applicable privacy law
14. Disclaimer of Warranties. I expressly understand, acknowledge and agree that I am accessing Behind the Work on an “as is, where is, and as available” basis. Behind the Work is not responsible for problems arising from, or inadequacies in the content of Behind the Work or any particular features or services offered therein. Behind the Work does not represent or warrant the accuracy, adequacy, or completeness of the information, materials, and services on Behind the Work or the error-free use of Behind the Work. Behind the Work is not responsible for any problems or technical malfunction of any network or lines, computer online systems, servers or providers, computer equipment, software, problems or traffic congestion on the internet, including injury or damage to users and/or members or to any other person’s computer related to or resulting from access to or use of Behind the Work. Behind the Work is providing Behind the Work without warranty of any kind, either express or implied, including but not limited to, the warranties of merchantability, fitness for a particular purpose, non-infringement, and freedom from a computer virus.  Certain state laws do not allow limitations on implied warranties. If these laws apply to me, some or all of the above disclaimers, exclusions, or limitations may not apply to me, and I might have additional rights.
15. Indemnification. I agree to indemnify and hold harmless Behind the Work and its subsidiaries, affiliates, officers, employees, agents, partners and licensors, from and against any and all loss, expenses, damages, and costs, including without limitation reasonable attorney’s fees, resulting, whether directly or indirectly, from my violation of this use agreement. I also agree to indemnify and hold harmless Behind the Work and its subsidiaries, affiliates, officers, employees, agents, partners and licensors, from and against any and all claims brought by third parties arising out of my use of Behind the Work in breach of this agreement or the user content i make available via Behind the Work by any means, including without limitation through a posting, a link, reference to user content, or otherwise, unless prohibited by applicable law.
16. Limitation of Liability. Except in jurisdictions where such provisions are restricted, I expressly understand and agree that in no event shall Behind the Work and its subsidiaries, affiliates, officers, employees, agents, partners and licensors be liable to me or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from my access to or use of Behind the Work, my inability to use or malfunctions of Behind the Work, statements or conduct of any third party relating to Behind the Work.  I further expressly understand and agree that in no event shall Behind the Work and its subsidiaries, affiliates, officers, employees, agents, partners, and licensors be liable to me for any potentially negative physical reaction to any products sold on the Behind the Work website. Any claims of compensatory or punitive damage shall be redirected to the original manufacturer and/or distributor of any products sold on the Behind the Work website.
17. ARBITRATION AGREEMENT WITH CLASS ACTION WAIVER
    • Mandatory Binding Individual Arbitration. Except as expressly provided below, Behind the Work and I (each a “party” or, together, “us,” “we” or “parties”) agree that any dispute, claim, case, or controversy (whether based in tort, contract, statute, regulation, ordinance, equity or any other legal theory) between us (whether arising out of or relating to past, present or future acts or omissions) (“Claims”) shall be exclusively resolved by binding arbitration on an individual basis, rather than in court (“Arbitration Agreement”).
    • Waiver of Class Actions. We each agree that we will assert Claims in arbitration only in our individual capacity, and not as a representative or member of any purported class. We each agree that we will not participate in any class, mass, collective, consolidated, private attorney general or other representative arbitration proceeding. Each party agrees that the arbitrator has no authority to arbitrate Claims on a class-wide basis and shall not consolidate, combine, or jointly arbitrate Claims of more than one person in a single arbitration.
    • Waiver of Jury Trial. We waive our constitutional and statutory rights to go to court and have a trial in front of a judge or a jury, electing instead to resolve by binding arbitration all Claims.
    • Arbitration Procedures. Either party may initiate an arbitration proceeding, which will be conducted by a single neutral arbitrator.
      • Arbitration Providers. Each party has a choice of initiating arbitration before either the American Arbitration Association (“AAA”) or JAMS, which are both established alternative dispute resolution providers (“ADR Providers”). If neither AAA nor JAMS is available to arbitrate, we will agree to select an alternative ADR Provider to administer the arbitration in this Arbitration Agreement.
      • Arbitration Rules. The arbitration will be conducted under the AAA Consumer Arbitration Rules (available at www.adr.org or by calling AAA at (800) 778-7879) or JAMS Streamlined Arbitration Rules and Procedures (available at www.jamsadr.com or by calling JAMS at (800) 352-5267) (“Arbitration Rules”). The rules of the ADR Provider will govern all aspects of the arbitration, except to the extent such rules conflict with this Arbitration Agreement.
      • Fees. Payment of all filing, administrative, and arbitrator fees will be governed by the Arbitration Rules.
18. Governing Law. This Site has been designed to comply with United States law.  Behind the Work does not claim or represent that this website is appropriate or legal for locations outside of the United States.  If you access this Site from any location outside of the United States, you are responsible for compliance with all relevant local laws.  You also acknowledge and agree that your use of the Site shall be governed in all respects by the laws of the State of Illinois in the United States, without regard to choice of law provisions.
19. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.
20. Headings. The numbering and captions of the various sections are solely for convenience and reference and shall not affect the scope, meaning, intent or interpretation of the provisions of this Agreement nor shall such headings otherwise be given any legal effect.
21. Integration. This Agreement comprises the entire understanding of the parties hereto on the subject matter herein contained, and supersedes and merges all prior and contemporaneous agreements, understandings and discussions between the parties relating to the subject matter of this Agreement.
22. Other. To the extent that any part of the terms and conditions in this Agreement are determined to be invalid or unenforceable by a court of competent jurisdiction, that part shall be modified by the court solely to the extent necessary to cause that part to be enforceable, and the remainder of the Agreement shall remain in full force and effect. I agree that Behind the Work’s failure to exercise or enforce a legal right, remedy or benefit which is contained in the Agreement or any applicable law does not constitute waiver of its right to do so later.

I have read, understand and voluntarily agree to all of the terms and conditions of this use agreement.