The following terms of use (the “Terms of Use”) govern your use of and access to the website commonly known as https://workingbackwards.com/, and related webpages and subdomains contained therein (collectively the “Site”), subject to the terms and conditions contained herein. ThisSite, and the Privacy Policy, are made available by Working Backwards, LLC, aWashington limited liability company (“WBLLC” or “we” or “us” or “our”). We may change these Terms from time to time, at any time without notice to you, by posting such changes on the Site.

Please note: Section 18 of these Terms of Use contains an arbitration clause and class action waiver that applies to you and your use of the Site. If your country of residence is the United States, this provision applies to all disputes with WB LLC. If your country of residence is outside of the United States, this provision applies to any action you bring against WB LLC in the United States. It affects how disputes with WB LLC are resolved. By accepting these Terms of Use, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

BY USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE AS APPLIED TO YOUR USE OF THE SITE. If you do not agree to these Terms of Use, you may not access or otherwise use the Site.

1.         Proprietary Rights. As between you and WB LLC, WB LLC owns, solely and exclusively, all rights, title and interest in and to the Site, including, without limitation: all content (including, without limitation, book descriptions, jacket artwork, reviews, audio, photographs, illustrations ,graphics, other visuals, video, copy, software, etc.), code, data and materials thereon, the look and feel, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, including, without limitation, any copyrights, trademark rights, patent rights, database rights, moral rights, sui generis rights and other intellectual property and proprietary rights therein(collectively, “Website Content”).Your use of the Site does not grant to you ownership of any kind of any WebsiteContent you may access on the Site.

2.         Limited License. You may access and view the Website Content on the Site on your computer or other Internet compatible device, and make single copies or prints of the content on the Site for your personal, internal use only. TheSite and the services offered on or through the Site, including, without limitation, any Website Content thereon, are only for your personal, non-commercial use, unless otherwise determined by WB LLC in its sole and exclusive discretion

3.         Prohibited Use. Any commercial distribution, publishing or exploitation of the Site, or any content, code, data or materials on the Site (including, without limitation, any Website Content), is strictly prohibited unless you have received the express prior written consent of WB LLC. You may not otherwise download, export, import, make, have made, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content (including, without limitation, any WebsiteContent), code, data or materials on the Site. If you make other use of theSite, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.

4.         Trademarks.The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Site or on content available through the Site are registered and unregisteredTrademarks of WB LLC and others and may not be used unless authorized by the applicable Trademark owner. All Trademarks not owned by us that appear on theSite or on or through the Site’s services, if any, are the property of the irrespective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our written permission or that of the third party rights holder.

5.         User Information. In the course of your use of the Site, you may be asked to provide certain personalized information to us, including your name or e-mail address (such information referred to hereinafter as “User Information”). Our information collection and use policies. with respect to the privacy of such User Information are set forth in the Site’sPrivacy Policy, which is incorporated herein by reference for all purposes. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.

6.         User Materials. Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way. Any information, works of authorship, comments, ratings, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (“User Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with these Terms of Use and the Site’sPrivacy Policy. By submitting or sending User Materials to us, you: (i) represent and warrant that: (A) the User Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in User Materials have been waived, and (B) that the Submitted Material, and its use, do not and will not violate the law or violate or infringe the rights of any entity, business or person; and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable and assignable (with right to sublicense) right and license to use, copy, reproduce, modify, adapt, publish, export, import, make, have made, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works (whether in the Website Content or otherwise) in any form, media, or technology now known or later developed. We cannot and will not be responsible for maintaining anySubmitted Material that you provide to us, and we may delete or destroy any such Submitted Material at any time in our sole discretion.

7.         Prohibited User Conduct. You represent, warrant and agree that, while using theSite and the various services and features offered on or through the Site, you shall not:  (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b)insert your own or a third party’s advertising, branding or other promotional content into any of the Site’s content, materials or services (for example, without limitation, in an RSS feed received from WB LLC or otherwise through the Site), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; (c) dilute, tarnish, or otherwise harm the WB LC brand in any way, including through unauthorized use of Website Content or registering and/or using “Working Backwards” or derivative terms in domain names, trade names, trademarks, or other source identifiers that closely imitate or are confusingly similar to WB LLC domains, trademarks, taglines, promotional campaigns, or Website Content; or (d) attempt to gain unauthorized access to other computer systems through the Site.

You shall not: (i) engage in spidering, spamming, phishing, pharming, crawling,“screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Site or for any services or features offered on or through the Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Site or the services offered on or through the Site, including, without limitation, any information residing on any server or database connected to theSite or any services offered on or through the Site; (ii) obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Site through any means; (iii) use theSite or the services made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; (iv) use the Site or the Site’s services or features in violation of WB LLC’s or any third party’s intellectual property or other proprietary, personal or legal rights; or (v) use the Site or the Site’s services in violation of any applicable law, rule, regulation, order or similar. You further agree that you may not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site’s services, or any content thereof, or make unauthorized use thereof. You agree that you will not use theSite in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.

8.         Public Forums, Blogs. WB LLC may, from time to time in its sole and exclusive discretion, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Site. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Site or any service or feature made available on or through the Site, any materials, content or otherwise which, WB LLC’s judgment and sole discretion: (i) restrict or inhibit any other user from using and enjoying the Site or the Site’s services, (ii)are fraudulent, unlawful, threatening, abusive, harassing, libelous ,defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, rule, regulation or order, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component,(vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from the Site or WB LLC.

9.         Right to Monitor and Control of Site. WB LLC reserves the right, but shall not have any obligation, to monitor and/or review materials or content, in whole or in part, posted to the Site or through the Site’s services or features by users, and WB LLC is not responsible for any such materials posted by users. However, WB LLC reserves the right at all times to disclose any information as necessary to satisfy any law, rule, order, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in WB LLC’s sole an exclusive discretion are objectionable or in violation of these Terms of Use, WB LLC’s policies or applicable law. We may also impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty of any kind if we believe you are in breach of the guidelines set forth in this paragraph, these Terms of Use, or applicable law, or for any other reason without notice of liability.

10.       Private or Sensitive Information on Public Forums, Blogs. You acknowledge that comments submitted to any website, forum or blog may be recorded and stored in multiple places, both on our Site and elsewhere on the Internet, and are likely to be accessible for an indeterminate time and you have no control over who will read such comments. You acknowledge that you are solely and exclusively responsible and liable for the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in your comments to our public forums, or anywhere else on the Site.

11.       Indemnification. You hereby agree to defend, indemnify and hold theProtected Parties (as defined below) harmless from and against any and all claims, liabilities, penalties, causes of action, damages, costs and expenses, including, without limitation, reasonable attorneys’ fees, relating to or arising in any way from: (i) your use of the Site or any Website Content: (ii) your placement or transmission of any message, content, information, software or other materials through the Site; or (iii) your breach or violation of any law, rule, regulation or order, or of any term or condition of these Terms of Use. WB LL Chereby reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with WB LLC’s defense of such claim in every reasonable and lawful way requested by WB LLC.

12.       Third Party Websites. You may be able to link from the Site to third party websites and third party websites may link to the Site (collectively, “Linked Sites”). You acknowledge and agree that we have no liability, control or responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of WB LLC. Links to Linked Sites do not constitute an endorsement, affiliation or sponsorship by us of such websites or the information, access, content, products, services, advertising, code or other materials presented on or through such websites. In addition, WB LLC is not responsible or liable for webcasting or any other form of transmission received from any linked website. Any reliance on the contents of a third party website, including, without limitation, any Linked Sites is done at your own risk and you assume all responsibilities and consequences resulting from such reliance. These Terms ofUse only apply to this Site and you should always review the terms and conditions of any third party site that you access through a link from thisSite.

13.       Infringement Notification. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the applicable contact, below:

Information that must be submitted:

• Your address, telephone number, and e-mail address;
• A description of the copyrighted work that you claim has been infringed;  
• A description of where the alleged infringing material is located, with a link if possible;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
• A statement by you, made 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.

Please send notifications of claimed infringement to: Ashbaugh Beal LLP, ATTN: Christopher Ferrell, Attorney, 701 5th Avenue, Suite4400, Seattle, WA 98104.

14.       DISCLAIMER OF WARRANTIES. THE SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES,CONTENT, FUNCTIONS AND MATERIALS, IS PROVIDED “AS IS,” “AS AVAILABLE”, AND WITH ALL FAULTS AND DEFECTS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR OTHERWISE,INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WB LLC HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES,EXPRESS OR IMPLIED. WB LLC DOES NOT WARRANT THAT THE SITE OR THE SERVICES,CONTENT, FUNCTIONS OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE,UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WB LLC MAKES NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WB LLC OR THROUGH THE SITE SHALL NOT CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WB LLC ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.

IF YOUARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE, INCLUDING, WITHOUT LIMITATION, ANY WEB CONTENT, AT ANYTIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE.

15.       LIMITATION OF LIABILITY. IN NO EVENT SHALL WB LLC, OR ANY OF ITS MEMBERS, MANAGERS,DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, ADVISORS, SUCCESSORS, ASSIGNS OR CONTENT OR SERVICE PROVIDERS (COLLECTIVELY, THE “PROTECTED PARTIES”) BE LIABLE FOR ANY INDIRECT, SPECIAL,INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE SITE OR THE WEB CONTENT, MATERIALS OR FUNCTIONS RELATED THERETO, YOUR PROVISION OF INFORMATION VIA THE SITE, LOST BUSINESS OR LOST SALES, EVEN IF SUCH PROTECTED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE PROTECTED PARTIES’ LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL THE PROTECTED PARTIES BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USEROR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED PARTIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO,NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS AND CONDITIONS OR YOUR USE OFTHE SITE EXCEED, IN THE AGGREGATE, THE AMOUNT, IF ANY, PAID BY YOU TO WB LLCFOR YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS VIA THE SITE.

16.       Ability to Access Website. You expressly agree that your use of or inability to use the Site is at your own risk. Users of the Site must be either 18 years of age or older, or possess legal parental or guardian consent, and be fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms. You hereby represent and warrant that, you are domiciled in the United States and you are 18 years old or older. This Site is not intended for children under 13. A user’s right to participate in this site may be terminated without warning, if WB LLC discovers that a user is under 18years of age. We control and operate the Site from our offices in the UnitedStates of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, rules, regulations and orders, if and to the extent the same are applicable.

17.       Termination.WB LLC may terminate, change, suspend or discontinue any aspect of the Site or the Site’s services at any time, and from time to time, in its sole and exclusive discretion. WB LLC may restrict, suspend or terminate your access to the Site and/or its services if we believe you are in breach of these Terms ofUse or applicable law, rule, regulation or order, or for any other reason without notice or liability.

18.       Governing Law and Arbitration. These Terms of Use and any separate agreements whereby we provide you access to the Site shall be governed by the laws of the State of Washington without giving effect to any conflict of laws principles or any laws that would provide the application of the law of another jurisdiction other than Washington. You hereby knowingly and irrevocably agree to submit to the jurisdiction of, and agree that venue is proper in, theKing County Superior Court located in Seattle, Washington (USA) and the federal courts located in the Western District of Washington (USA) in such legal action or proceeding. The parties agree that the United Nations Convention onContracts for the International Sale of Goods (1980) is specifically excluded from application to these Terms of Use and shall not be referenced or applied.

TheseTerms of Use are prepared and executed in the English language only and any translations of these Terms to any other languages shall have no effect. All proceedings related to these Terms of Use will be conducted in the English language.

You hereby agree that any and all disputes or claims that have arisen or may arise between you and WB LLC shall be resolved exclusively through final and binding arbitration, rather than in court, except that: (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative)basis; (2) you or we may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents); and (3) we may seek specific performance of these Terms of Use.

You hereby agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or respective action or proceeding, unless you and WB LLC agree otherwise, the arbitrator may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, respective, o rclass proceeding. Additionally, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claims(s).

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute bring out of or relating to the interpretation, applicability, enforceability, or formation of this agreement to arbitrate, any part of it, including but not limited to, any claim that all or any part of this agreement to arbitrate or agreement is void or voidable.

The arbitration shall be conducted in King County, Washington, at the offices of WBLLC’s counsel, and shall proceed in accordance with the commercial arbitration rules of the American Arbitration Association (“AAA”) in effect at the time the claim or dispute arose.

The arbitration shall be conducted by one arbitrator from the AAA or a comparable arbitration service and who is selected by WB LLC in its reasonable discretion.The arbitrator shall issue a reasoned award with findings of fact and conclusions of law and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Either you or we may bring an action in any court of competent jurisdiction to compel arbitration under this agreement or to enforce or vacate an arbitration award. Each of us waives any right to a trial by jury and agrees that disputes will be resolved through arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

Each of us agrees that we will not bring a claim under the Terms of Use more than two (2) years after the time that the claim accrued.

19.       Changes to Terms of Use. WB LLC reserves the right, at its sole discretion, to change, modify, alter, supersede, replace add or remove any portion of thisTerms of Use, in whole or in part, at any time. Changes in this Terms of Use will be effective when posted. Your continued use of the Site and/or the services offered on or through the Site after any changes to this Terms of Use are posted will be considered acceptance of those changes.

20.       Contact Information. Questions about these Terms of Use should be sent to us at privacy@workingbackwards.com. These Terms of Use were last reviewed and updated on October 29, 2020.

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