(Updated – June 16, 2020)

Welcome to WorkStreams!™

WorkStreams™ is a platform for providing next generation utilities and services that improve your ability to manage your business and your life with Microsoft® Outlook®, the rest of Microsoft Office, the web, and mobile devices.

Legal Agreement

This WorkStreams Terms of Service agreement (“TOS”, or “agreement”) is made between Cyclogenesis Media Group, Inc. a Colorado Corporation doing business as CyGen Technologies, Inc. as well as doing business as WorkStreams whose present address is 600 17^th Street, Suite 2800 South, Denver, Colorado 80202 (“WorkStreams”, “us”, “our”, or “we”) and you, anyone who accesses or uses any of our products, software, services, or websites (“service”, or “services”), or, if you represent an entity or other organization, that entity or organization (in either case “you”, or “your”). Some aspects of the TOS also apply to our partners, suppliers, distributors, vendors, resellers, sublicensees, subsidiaries, and affiliates (in all cases “affiliates”). Your use of our services is governed by the TOS. By accessing or using any services you represent that you are of age to enter a binding contract, are authorized to accept the TOS, and that you agree that you are subject to, bound by, and will comply with the terms and provision of the TOS, which may be modified from time to time without notice to you. The current TOS may be accessed here: WorkStreams TOS. In addition, when using particular services, you shall be subject to any posted policies, guidelines, or rules applicable to such services, which may be posted and modified from time to time. The TOS hereby incorporates by reference all such policies, guidelines, and/or rules (“additional terms”). If there is a conflict between the TOS and the additional terms, the additional terms will control for that conflict. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE TOS THEN DO NOT ATTEMPT TO ACCESS OR USE ANY OF THE SERVICES.

If you have placed or later place an order with WorkStreams seeking to access and use our services (your “order”), WorkStreams is willing to accept your order and provide you with access to and use of those services only if you comply with the terms and conditions of this agreement.

PLEASE CAREFULLY READ THIS AGREEMENT. BY SUBMITTING AN ORDER OR BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THE TOS.

WITHOUT LIMITING THE FOREGOING, THE SERVICES ARE NOT AVAILABLE TO INDIVIDUALS UNDER THE AGE OF 18 OR WHO DO NOT MEET ANY OF THE OTHER QUALIFICATIONS INCLUDED IN THIS AGREEMENT. BY USING THE SERVICES YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT AND THAT YOU ARE EQUAL TO OR OLDER THAN THE MINIMUM AGE REQUIRED BY YOUR JURISDICTION TO ENTER INTO CONTRACTS WITHOUT PARENTAL CONSENT.

IF YOU DO NOT AGREE TO THIS AGREEMENT, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT, WORKSTREAMS IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE SERVICES AND YOU MUST NOT ACCESS OR USE THE SERVICES. IF YOU ACCESS OR USE THE SERVICES, YOU ACKNOWLEDGE THAT YOU MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT AND AGREE TO BE BOUND BY THE TOS.

WorkStreams Account

To access and use certain services you or an authorized administrator, such as your employer, may be required to provide credentials and/or information (“WorkStreams account” or “account”) during the account generation process. You agree that your account will always be accurate and current, which can be updated at any time by logging into your account at WorkStreams Account (“account site” or “billing site”). If you forget your account password you and/or your authorized administrator will be able to request to retrieve or reset it from the same account management link. You are entirely responsible for maintaining the confidentiality of your account information and password. You are entirely responsible for all activity that occurs under your WorkStreams account. If you suspect that someone other than you or your authorized administrator has accessed your account or used your account to access the services then you agree to immediately attempt to reset your password and report the problem to us by sending an email with the details (not including your new or previous password) to AccountSecurity AT WorkStreams DOT com. WorkStreams will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by WorkStreams or another party due to someone else using your account or password.

Primary Email Address

Each WorkStreams account will require an email address which will be the (“primary email address”) for the account. You agree that your primary email address will always be accurate and current, which can be updated at the account site.

Privacy Policy

You agree to the WorkStreams Privacy Policy which may be accessed here: WorkStreams Privacy Policy.

Content

Your Content

Your content includes anything you post or submit to, associate with, upload to, store on, have indexed by, or transmit through the services, such as data, documents, photos, video, audio, or email (“your content”). In order to provide you the functionality benefits of our services, some of our services access your content and/or allow you to associate and/or submit your content with and/or to our services. You retain ownership of any intellectual property rights that you hold in your content. Simply put, what belongs to you remains yours. Your content remains your content, and you are responsible for it. We do not control, verify, pay for, or endorse your content that you make available to our services.

When you associate with, upload to, or otherwise submit your content to the services, you agree that it may be used, modified, adapted, saved, reproduced, distributed, and displayed by us to the extent necessary to protect you and to provide, protect, and improve our services. For example, we may occasionally use automated means to isolate information from your content in order to help detect and protect against spam and malware, or to improve the services with new features that makes them easier to use.

Other Content

You understand that when using our services you may be exposed to third-party content, content from other users, and other content from a variety of sources (“other content”); and that we are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such other content.

We attempt to be as accurate as possible in the other content we provide through and about the services, however we cannot and do not warrant that the other content available through and about the services is accurate, complete, reliable, current, or error-free. We reserve the right to make changes to the other content, or any part thereof, according to our sole judgment, without the requirement of giving any notice prior to or after making such changes. Your use of other content, or any part thereof, is made solely at your own risk and responsibility.

By using our services you may be exposed to other content that is unhelpful, inaccurate, offensive, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you may have against us with respect thereto, and agree to indemnify and hold us harmless to the fullest extent allowed by law regarding all matters related to your use of the services.

Feedback

Without limitation or obligation you agree that we, and our affiliates, may use in any way we choose any of the following that you submit publicly or to us directly in oral, written, image, or other form regarding our services: suggestions, comments, feedback, ratings, reviews, performance testing results, defect or bug reports, benchmarks, ideas, critiques, and recommendations (“feedback”).

By providing feedback, either by uploading, posting, inputting, or otherwise submitting feedback publicly (e.g. websites and forums), or privately through the services or service support (in all cases whether public or private “posting”), you acknowledge and agree that:

·          you grant us, and our affiliates, permission to use your feedback without any obligation to you;

·          your feedback does not contain confidential or proprietary information of yours or any third party;

·          we, and our affiliates, may use or disclose such feedback for any purpose, in any way, in any media worldwide;

·          we, and our affiliates, may copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your feedback;

·          we, and our affiliates, may publish your name in connection to your feedback;

·          we, and our affiliates, may have something similar to the feedback already under consideration or in development;

·          we, and our affiliates, are under no obligation to post or use your feedback;

·          we, and our affiliates, may remove your feedback at any time;

·          and you are not entitled to any compensation or reimbursement of any kind for any feedback.

By posting feedback that contains images, photographs, pictures or that is otherwise graphical in whole or in part ("feedback images"), you warrant and represent that you are the copyright owner of such feedback images, or that the copyright owner of such feedback images has granted you permission to use such feedback images or any content and/or imagery contained in such feedback images consistent with the manner and purpose of your use and as otherwise permitted by the TOS, you have the rights necessary to grant the licenses and sublicenses described in the TOS, and that each person depicted in such feedback images, if any, has provided consent to the use of the feedback images as set forth in the TOS, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such feedback images. By posting feedback images, you are granting to us, and our affiliates, and/or to the general public (for each such feedback images available anywhere on the services), permission to use your feedback images in connection with the use, as permitted by this TOS, of any of the services, (including, by way of example, and not as a limitation, making prints and gift items which include such feedback images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat feedback images without having your name attached to such feedback images, and the right to sublicense such rights to any supplier of ours or our affiliates. No compensation will be paid with respect to the use of feedback images. WorkStreams grants you permission to use screenshots of our services for the sole purpose of providing us feedback.

Copyright Infringement

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act (“DMCA”).

If you think somebody is violating your copyrights and want to notify us, you may send a notification of claimed infringements to:
Copyright Infringement
c/o Executive Management Team
WorkStreams
P.O. Box 9836
Denver, CO 80209
or
Copyright AT WorkStreams DOT com

Any notification of claimed infringement must be in a form that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to WorkStreams, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.

If a notification of claimed infringement has been filed against you, you can file a counter notification with WorkStream’s designated agent using the contact information shown above. All counter notifications must satisfy the requirements of Section 512(g)(3) of the U.S. Copyright Act.

Use of the Services

No Unlawful or Prohibited Use

As a condition of your use of the services, you will not use the services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the services in any manner that could damage, disable, overburden, or impair any of our servers or our partners’ servers, or the network(s) connected to any of our servers or our partners’ servers, or interfere with any other party's use and enjoyment of our services. You may not attempt to gain unauthorized access to any services, accounts, computer systems or networks connected to any of our servers or our partners’ servers or to any of the services, through hacking, password mining, spoofing, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the services.

You agree to not use the services to:

·          plan or engage in any illegal activity;

·          harm minors in any way;

·          request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor's school, church, athletic team or friends;

·          impersonate any person or entity, or misrepresent your affiliation with a person or entity;

·          engage in any unsolicited or unauthorized advertising, spamming, or chain letters, or any other form of solicitation;

·          stalk or otherwise harass another;

·          transmit or make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, monitor, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

·          interfere with or disrupt the services or servers or networks connected to the services;

·          or intentionally or unintentionally violate any applicable local, state, national or international law.

You agree to not upload, post, transmit, or make available any content that:

·          is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

·          you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information protected under nondisclosure agreements);

·          or infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.

We have no obligation to monitor content that passes through the services. We do however reserve the right to review content associated with, uploaded to, or otherwise submitted through the services and to remove any materials at our sole discretion. We reserve the right to terminate your access to any or all of the services at any time, without notice, for any reason whatsoever.

You will not interfere with or access any of the services by any means other than through the interfaces that are officially provided, or through any automated means (including use of bots, scripts, or web crawlers).

You will not override or circumvent any security components or violate any usage rules relating to the protection of materials or technology of or for the services.

You agree that you will not reproduce, duplicate, copy, sell, trade, or resell the services for any purpose.

You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the TOS and for the consequences (including any loss or damage which we may suffer) of any such breach.

We reserve the right at all times to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

Software

Some of our services require you to download and install our proprietary software (“software”). This software may update automatically on your device once a new version or feature is available. Updates to the software may be required for your continued use of the services. You agree to accept such updates subject to these terms unless other terms accompany the updates. If so, those other terms apply. We are not obligated to make any updates available and do not guarantee that we will support the version of the services that existed at the time of your initial access of our services.

Subject to the provisions of the TOS, we grant you a non-exclusive, non-transferable, non-sublicensable license to install and run the software on computers (or virtual machines), mobile devices, or similar equipment, owned or controlled by you (for personal and professional use both inside and outside of an enterprise) and use the software for the purpose and in the manner for which it was intended by us.

You may not publish, copy, modify, create a derivative work from, distribute, rent, lend, sell, sublicense, or lease any part of our software or services unless you have our written permission. You may not reverse engineer, disassemble, decompile, or otherwise attempt to extract the source code of any software or other aspect of the services that is included in or accessible through the services except and only to the extent that the applicable copyright law expressly permits doing so or you have our written permission. You may not circumvent or bypass any technological protection measures in or relating to the software or services. You may not enable access to the services by unauthorized third-party applications.

Some software used in our services may be offered under an open source license that we will make available to you. There may be provisions in the open source license that expressly override some of these terms in regard to specific software components.

Modifying our Services

We are constantly changing and improving our services. We may add or remove functionality or features, and we may suspend or stop offering a service altogether.

You can stop using our services at any time. We may also stop providing services to you, or add or create new limits to our services at any time.

We believe that you own your data and preserving your access to such data is important. If we discontinue a service, where reasonably possible, we will give you reasonable advance notice and a chance to get your content out of that service.

Fees

Charges

You acknowledge that we may charge fees for the use of any of our services provided that we notify you of such fees that apply before you incur them. Subject to the foregoing, you agree to pay any fees you incur. Prices stated for the services exclude all applicable taxes and currency exchange settlements, unless stated otherwise. You are solely responsible for paying such taxes or other charges. We may suspend or cancel the services if we don't receive an on time, full payment from you. Suspension or cancellation of the services for non-payment could result in a loss of your access to, our storage of, and your use of your WorkStreams account and your content.

Billing Account

For services that require fees, you will be asked to provide billing information and a payment method (“billing account”) at the time you sign up for that service. You can access and change your billing account at the account site. You agree to permit us to use any updated account information regarding your billing account provided by your issuing bank or the applicable payment network. You agree to keep the information and payment method in your billing account current and accurate at all times. Changes made to your billing account will not affect charges we submit before we could reasonably act on your changes.

Billing

By providing us with a billing account, you represent that you:

·          are authorized to use the billing account that you provided and that any payment information you provide is true and accurate;

·          authorize us to charge you for the services using your billing account;

·          and authorize us to charge you for any paid feature of the services that you choose to sign up for or use while this agreement is in force.

We may bill you in advance, at the time of purchase, shortly after purchase, or on a recurring basis for subscription services. We may charge you up to the amount you have approved, and we will notify you in advance of any change in the amount to be charged for recurring subscription services. We may bill you at the same time for more than one of your prior billing periods for amounts that have not previously been processed.

Automatic Renewal

If automatic renewals are allowed in your country, province, or state, we will inform you by email before automatically renewing your services. Once we have informed you that the services will be automatically renewed, we may automatically renew your services and charge you the then current price for the renewal term. We will also remind you that we will bill your specified billing account for the services renewal, whether it was on file on the renewal date or provided later. We will also provide you with instructions on how you may cancel the services. You must cancel the services before the renewal date to avoid being billed for the renewal.

Billing Statements and Issues

You will be able to access the details of your charges in the online billing statement we provide on the account site (“billing statement”), where you can view and print your billing statement. This is the only billing statement that we provide. It is your responsibility to print or save a copy of each billing statement and retain such copies for your records. If we make an error on a charge to your billing account, you must contact us with the details within 120 days from when the error first appears on your billing statement. We will then promptly investigate the charge. If you do not inform us of the issue within that time, you release us from all liability and claims of loss resulting from the error and we will not be required to correct the error or provide a refund. If we identify a billing error, we will correct that error within 90 days.

Refund Policy

Unless otherwise provided by law or by a particular service offer, all purchases are final and non-refundable.

Cooling Off Period

When you place an order, you agree that we may provide the services immediately. You are not entitled to a cancellation or "cooling off" period, except if the law requires a cooling off period. You may cancel paid services as described below.

Trial Period Offer

If you place an order for services under a trial period offer that states that after the trial period has concluded you will be charged for the services (“trial period offer”), then you must cancel the services by the end of the stated number of days in the trial period offer to avoid incurring charges, unless we notify you otherwise. If you do not cancel your services at the end of the trial period for a trial period offer, we may charge you for the services.

Price Changes

We may change the price of the services at any time and will notify you by email at least 15 days before the price change. If you do not agree to the price change, you must cancel and stop using the services before the price change takes effect. If there is a fixed term and price for your service offer, that price will remain in force for the term.

Service Cancellation

You may cancel the services at any time, with or without cause. The necessary information and directions for how to cancel services is available in the account site. Unless specified otherwise in the offer for which you placed your order for our services:

·          you may not receive a refund at the time of cancellation;

·          you may be obligated to pay cancellation charges;

·          you may be obligated to pay all charges made to your billing account for the services before the date of cancellation;

·           and/or you may lose access to and use of your account when you cancel the services.

If you cancel the services, your access to the services ends immediately, or at the end of your current service period as specified in the offer for which you placed your order, or if we bill your account on a periodic basis, at the end of the period in which you cancelled.

Late Fees

You must pay for all reasonable costs we incur to collect any past due amounts. These include reasonable attorneys' fees and other legal and/or collection fees and costs.

Payments to You

If we owe you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.

Internet Access Services and Charges

Our services require you to have access to the Internet. You are responsible for paying the fees charged by your Internet access provider. Those fees are in addition to the fees you pay us for the services. If you access the services through wireless devices (for example, mobile phones, tablets), your wireless carrier may charge fees for alerts, web browsing, messaging, and other services that require the use of airtime and wireless data services. Check with your carrier to verify whether there are any such fees that may apply to you. You are solely responsible for any costs you incur to access the services through any wireless or other communication service.

Advertisements and Announcements

The services may display advertisements or announcements. In consideration for WorkStreams granting you access to and use of the services, you agree that WorkStreams may place such advertising or announcements in the services.

Termination

You agree that WorkStreams may terminate your account and access to the services at any time, without notice, for any reason, including but not limited to, breaches or violations of the TOS, requests by law enforcement or other government agencies, a request by you to delete your account, discontinuance or material modification to the services, unexpected technical or security issues or problems, extended periods of inactivity, engagement by you in fraudulent or illegal activities, or nonpayment of any fees owed by you in connection with the services. Termination of your account includes deletion of your content and deletion of your password and all related information. You agree that WorkStreams shall not be liable to you or any third party for any termination of your account or access to the services.

Warranties and Disclaimers

We provide our services using a commercially reasonable level of skill and care and we hope that you will enjoy using them, but there are certain things that we do not promise about our services.

YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. OTHER THAN AS EXPRESSLY SET OUT IN THE TOS OR ADDITIONAL TERMS, NEITHER WORKSTREAMS, NOR OUR AFFILIATES, MAKE ANY SPECIFIC PROMISES ABOUT THE SERVICES. FOR EXAMPLE, WE DO NOT MAKE ANY COMMITMENTS ABOUT THE CONTENT WITHIN THE SERVICES, THE SPECIFIC FUNCTION OF THE SERVICES, OR THEIR RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. WE PROVIDE THE SERVICES “AS IS”, "WITH ALL FAULTS", AND "AS AVAILABLE".

TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES (IMPLIED OR OTHERWISE), INCLUDING FOR MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, AND NON-INFRINGEMENT. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT THOSE RIGHTS, IF THEY ARE APPLICABLE.

YOU ACKNOWLEDGE THAT COMPUTER SYSTEMS ARE NOT FAULT-FREE AND OCCASIONAL PERIODS OF DOWNTIME OCCUR. WE DON'T GUARANTEE THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT CONTENT LOSS WON'T OCCUR.

Limitation of Liability

If WorkStreams breaches this agreement, you agree that your exclusive remedy is to recover, from WorkStreams or any affiliates, direct damages up to an amount equal to your services fee for one month. YOU CAN NOT RECOVER ANY OTHER DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, REVENUES, CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, OR PUNITIVE. These limitations and exclusions apply if this remedy does not fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the maximum extent permitted by law, these limitations and exclusions apply to anything related to this agreement such as loss of content; any virus affecting your use of the services; delays or failures in starting or completing transmissions or transactions; claims for breach of contract, warranty, guarantee, or condition; strict liability; negligence; misrepresentation or omission; trespass; violation of statute or regulation; or unjust enrichment. Some or all of these limitations or exclusions may not apply to you if your state, province, or country does not allow the exclusion or limitation of incidental, consequential, or other damages.

Indemnity

You agree to indemnify, defend, and hold harmless WorkStreams, and our affiliates, (and all of the respective officers, directors, employees, agents, licensors, suppliers and any third-party information providers), against all claims, losses, expenses, damages, and costs (including reasonable attorney fees), resulting from any breach of the TOS or unauthorized use services. WorkStreams reserves the right, at our election to assume the exclusive defense and control of any matter subject to indemnification by you and you agree to cooperate with us in connection with our defense.

Assignment and Transfer

We may assign this agreement, in whole or in part, at any time without notice to you. You may not assign this agreement or transfer any rights to use the services.

Notices

You consent to us providing you notifications about the services or information the law requires us to provide via email to your primary email address. Notices emailed to you will be deemed given and received when the email is sent. If you do not consent to receive notices electronically, you must stop using the services.

Proprietary Rights

You acknowledge and agree that WorkStreams, and/or our affiliates, own all legal right, title, and interest in and to the services, including any intellectual property rights which subsist in the services (whether those rights happen to be registered or not, and wherever in the world those rights may exist).

Unless you have agreed otherwise in writing with WorkStreams, nothing in the TOS gives you a right to use any of WorkStream’s, or our affiliates’, trade names, trademarks, service marks, logos, domain names, or other distinctive brand features except as permitted by law.

Unless you have been expressly authorized to do so in writing by WorkStreams, you agree that in using the services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of these marks, names, or logos.

Entire Agreement

This is the entire agreement between you and WorkStreams for your use of the services. It supersedes any prior agreements between you and WorkStreams regarding your use of the services. All parts of this agreement apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of this agreement as written, we may replace those terms with similar terms to the extent enforceable under the relevant law, but the rest of this agreement will not change. The TOS section titles are for reference only and have no legal effect.

Choice of Law and Forum

The TOS shall be governed by applicable U.S. federal law and the laws of the State of Colorado, excluding any conflict of law provisions. The TOS shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. The parties hereby consent to the exclusive jurisdiction of the U.S. federal and Colorado state courts located in Denver, CO, in connection with any dispute arising out of or in connection with the TOS or its subject matter, and the parties irrevocably waive any right that they may have to assert that any such court lacks jurisdiction or that such forum is not convenient. If any provision in this TOS should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from the TOS if no such modification is possible, and other provisions of the TOS shall remain in full force and effect. The controlling language of the TOS is English. If you have received a translation into another language, it has been provided for your convenience only. A waiver by either party of any term or condition of the TOS or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. You may not assign or otherwise transfer, by operation of law or otherwise, the TOS or any rights or obligations hereunder. Any such purported transfer or assignment will be void. Subject to the foregoing sentence, the TOS shall be binding upon and shall inure to the benefit of the parties, their successors and assigns.

Changes to the WorkStreams Terms of Service

The TOS will be changed and updated occasionally. The date at the top of the document (Last Updated – (date)) will be updated to reflect when the last change was made. Please periodically review this agreement to be informed of any changes to the terms by which WorkStreams provides the services. Your use of the services after the date posted at the top of the document (Effective Date – (date)) will be your consent to the changed terms.