Terms & Conditions for Forework OnDemand

Thank you for requesting Forework OnDemand. These Terms and Conditions (the “Terms”) are entered into by and between You and Forework LLC (“Forework”) and govern your use of Forework OnDemand. Please read the Terms carefully. By clicking below, you are indicating your consent and agreement to the Terms. If you do not agree to the Terms, you may not proceed further with Forework OnDemand.

Scope of Work. Forework is an employment advisory and employment technologies firm. By purchasing Forework OnDemand, you are agreeing to receive a call from one of Forework’s experienced human resources, payroll, and employment law experts (the “Assigned Expert”), and you are requesting that your Assigned Expert provide you with verbal guidance and counsel regarding a specific employment matter. On the call with the Assigned Expert, you will provide sufficient information and detail to the Assigned Expert to enable the Assigned Export to answer your questions or concerns. The Assigned Expert may seek additional information from you before preparing a response. The Assigned Expert will provide guidance and counsel in the area you have identified and may offer other suggestions on related considerations that you may not have considered. Forework OnDemand will not provide any counsel or advice to engage in any unlawful activity. The OnDemand engagement will end after the call. If you wish to purchase additional services from Forework, including additional OnDemand time, you will have to do so through www.forework.com. Forework OnDemand reserves the right to terminate your purchase at any time, in its sole and unreviewable discretion, when it determines that the questions and parameters of the engagement are inappropriate (e.g., where the subscriber is asking for advice on how to violate employment laws, how to hurt others). Forework will issue a refund where services are terminated due to inappropriateness of a subscriber’s request. Forework will also issue a full refund if the Assigned Expert determines that Forework is unable to take on your specific project or inquiry.

You agree that no ongoing relationship or obligations are created between Forework and you as a result of your purchase of Forework OnDemand time. Your relationship with Forework will begin after payment for Forework OnDemand, and it will end upon conclusion of your phone call with Forework’s Assigned Expert. If you wish to create an account and record as an established client of Forework, please contact Forework to subscribe. We would be happy to have you as a regular subscriber! A separate set of Terms and Conditions would govern your relationship with Forework should you become an established client of Forework.

Confidentiality. All communications with you and any information relayed during Forework OnDemand will be kept confidential. Forework will not maintain any file or record of the work or services performed for you OnDemand.

Fees for Services. The Assigned Expert will only work within the amount of time purchased OnDemand by you prior to receiving a call. Time slots are available in half-hour increments. The OnDemand fee will not be prorated or refunded if the work/advice is completed in less than the amount of time purchased. By the same token, if your matter requires additional time or you wish to discuss your particular employment questions for longer than the amount of time you have purchased, you will have to log on to forework.com and purchase additional OnDemand time. Your call with the Assigned Expert will automatically disconnect after the purchased timeslot. If you believe that your matter or question is a complex one and may require a lot of time, you are encouraged to budget appropriately when purchasing OnDemand time.

Forework Consulting. Forework is not a law firm and does not provide legal advice. Anything stated at any time during your use of Forework OnDemand feature should not be construed as legal advice. No attorney-client relationship will be formed between you and any Assigned Expert with whom you may speak during your use of Forework OnDemand.

Miscellaneous Terms. The Terms is the sole and entire agreement between you and Forework regarding your use of Forework OnDemand. The Terms supersede all prior and contemporaneous understandings, agreements, representations, warranties, both oral and written regarding Forework OnDemand. The Terms constitutes an agreement between Forework and you, and does not inure to the benefit of any third party. For purposes of the Terms, “you” refers to the individual who agrees to the Terms and/or the individual or entity, regardless of form, that pays for Forework OnDemand. If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Venue and Choice of Law. The Terms will be interpreted in accordance with the laws of New York State. All matters relating to Forework OnDemand, the Terms, and any dispute or claim arising therefrom or related thereto shall be governed by and construed in accordance with the internal laws of New York State, without giving effect to any choice or conflict of law provision or rule. Any claim, suit, action, or proceeding arising out of or related to Forework OnDemand, the Terms, or Forework generally will be instituted and heard in Albany County, New York State.

Disclaimer. EXCEPT AS EXPLICITLY SET FORTH HEREIN, FOREWORK MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE COMPLIANCE, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF FOREWORK ONDEMAND OR ANY PART THEREOF. FOREWORK DOES NOT REPRESENT OR WARRANT THAT FOREWORK ONDEMAND WILL MEET THE CUSTOMER’S REQUIREMENTS OR EXPECTATIONS. FOREWORK ONDEMAND IS PROVIDED TO CUSTOMER STRICTLY ON AN “AS IS” BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY THEREOF IS WITH THE CUSTOMER. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. FOREWORK SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRUPTION, DESTRUCTION, DAMAGE, BREACH, LOSS OR FAILURE TO STORE ANY CUSTOMER DATA EXCEPT FOR THE DESTRUCTION OR DELETION DUE TO FOREWORK’S GROSS NEGLIGENCE, WILLFUL MISCONDUCT OR FRAUD AND UNDER CIRCUMSTANCES IN FOREWORK’ SOLE CONTROL.

Limitation of Liability. In no event shall Forework be liable to Customer for any indirect, punitive, special, exemplary, incidental or consequential damages arising out of or in any way connected with the provision of Forework OnDemand, regardless of whether FOREWORK has been advised of the possibility of such damages, losses, costs or expenses. You agree that any claim or cause of action related to this Agreement, or any Forework services must be filed within 180 days after the events underlying the claim, cause of action or any alleged error occurred, regardless of when the error or claim became known to You or the Customer. You agree that failure to assert a claim or bring a cause of action within this 180-day limitations period will forever bar your right to further pursue a claim arising out of the same error, circumstances, or events. The maximum aggregate liability of Forework arising out of or relating to Forework OnDemand under any theory of liability (including without limitation tort, contract, strict liability or any other legal or equitable theory) will not exceed the amount of Fees paid by You.

Arbitration. You agree to resolve any and all claims, lawsuits, challenges or disputes that you may bring, file, or initiate, and which arise out of or relate to your use of Forework OnDemand, the Terms, or any relationship with Forework (“Claim”) through final and binding arbitration under JAMS. You waive the right to bring any Class on a class or any other collective basis and agree to only bring Claims on an individual basis.

You understand that the Terms constitute a condition precedent under which we will undertake to provide services to you through Forework OnDemand. If you find the Terms acceptable, please click below to indicate your agreement and continue to the Payment terms. If you do not agree or have any questions, please contact Forework at hello@forework.com. We look forward to working with you and appreciate the opportunity to be of assistance.