Common use of Agreement Term and Termination Clause in Contracts

Agreement Term and Termination. The Terms of Service as amended from time to time, will become effective on the later of the Effective Date or your first visit to the Site and will remain in effect for the duration of your use of the Site or Site Services. Unless both you and Upwork expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein. You may provide written notice to xxxxxxxxxxxx@xxxxxx.xxx. If you are using Upwork Payroll, you must legally terminate your relationship with Client or Freelancer, as applicable, before terminating this Agreement. In the event you properly terminate this Agreement, your right to use the Site is automatically revoked, and your Account will be closed; however, (a) if you have any open Engagements when you terminate this Agreement, you will continue to be bound by this Agreement and the other Terms of Service until all such Engagements have closed on the Site; (b) Upwork will continue to perform those Site Services necessary to complete any open Engagement or related transaction between you and another User; and (c) you will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the completion of any open Engagements, whichever is later, to Upwork for any Site Services and to any Freelancers for any Freelancer Services. Without limiting any other provisions of the Terms of Service, the termination of this Agreement for any reason will not release you, any User with whom you have entered into a Service Contract, or Upwork from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination. Those portions of the Terms of Service necessary to implement the foregoing survive termination of this Agreement for any reason. Without limiting Upwork’s other rights or remedies, we may temporarily suspend, indefinitely suspend, or permanently revoke your access to the Site and refuse to provide any or all Site Services to you if: (i) you breach the letter or spirit of any terms and conditions of this Agreement or other parts of the Terms of Service; (ii) we suspect or become aware that you have provided false or misleading information to us; or (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or Upwork or our Affiliates; may be contrary to the interests of the Site or the User community; or may involve illicit activity. If your Account is suspended or closed, you may not use the Site under the same Account or a different Account or reregister under a new Account without Upwork’s prior written consent. If you attempt to use the Site under a different Account, we reserve the right to reclaim available funds in that Account and/or use an available Payment Method to pay for any amounts owed by you to the extent permitted by applicable law. Without limiting Upwork’s other rights or remedies, if you engage in actions or activities that circumvent the Site or otherwise reduce fees owed Upwork or our Affiliates under the Terms of Service, you must pay Upwork, and you authorize Upwork or its Affiliate to charge you, for all fees owed to Upwork and our Affiliates and reimburse Upwork for the Opt-Out Fee, if applicable, all losses and costs (including any and all time of Upwork’s employees) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees. In addition, violations of the Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. If your Account is closed for any reason, you will no longer have access to data, messages, files, and other material you keep on the Site. If practicable or required by law, Upwork will retain this information along with all your previous posts and proposals for a period of up to five years from the date of closure. However, you understand that any closure of your Account may involve deletion of any content stored in your Account for which Upwork will have no liability whatsoever.

Appears in 2 contracts

Samples: User Agreement, User Agreement

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Agreement Term and Termination. The Terms of Service as amended from time to time, will become effective on the later of the Effective Date or your first visit to the Site and will remain in effect for the duration of your use of the Site or Site Services23.1. Unless both you Users and Upwork Company expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein. You may provide written notice to xxxxxxxxxxxx@xxxxxx.xxx. If you are using Upwork Payroll, you must legally terminate your relationship with Client or Freelancer, as applicable, before terminating this Agreementxxxx@xxxxxxxxxxxxxxxx.xxx. In the event you User properly terminate terminates this Agreement, your User’s right to use the Site and Site Services is automatically revoked, and your User’s Account will be closed; however,. Company is not a party to any Service Contract between Users. Consequently, User understands and acknowledges that termination of this Agreement (or attempt to terminate this Agreement) does not terminate or otherwise impact any Service Contract or Assigned Project entered into between Users. 23.2. If User attempts to terminate this Agreement while having one or more open Assigned Projects, User agrees that (a) if you have User hereby instructs Company to close any open Engagements when you terminate this Agreement, you contracts; (b) User will continue to be bound by this Agreement and the other Terms of Service until all such Engagements Projects have closed on the Site; (bc) Upwork Company will continue to perform those Site Services necessary to complete any open Engagement Assigned Project or related transaction between you and another User; and (cd) you User will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the completion closure of any open EngagementsService Contracts, whichever is later, to Upwork Company for any Site Services or such other amounts owed to a Freelance Attorney or Freelance Paralegal; and to (e) User forfeits any Freelancers payment due for any Freelancer ServicesAssigned Project not completed in accordance with the terms of a Service Contract or of the conditions agreed upon between a Hiring Attorney and a Freelance Attorney or a Freelance Paralegal . Without limiting any other provisions of the Terms of Service, the termination of this Agreement for any reason will not release you, any User with whom you have entered into a Service Contract, or Upwork from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination. Those portions of the Terms of Service necessary to implement the foregoing survive termination of this Agreement for any reason. Without limiting UpworkCompany’s other rights or remedies, we may Company may, but is not obligated to, temporarily suspendor indefinitely revoke access to the Site or Site Services, indefinitely suspenddeny your registration, or permanently revoke your User’s access to the Site and refuse to provide any or all Site Services to you User if: (i) you breach User breaches the letter or spirit of any terms and conditions of this Agreement or any other parts provisions of the Terms of Service; (ii) we suspect Company suspects or become becomes aware that you have User has provided false or misleading information to usCompany; or (iii) we believeCompany believes, in our its sole discretion, that your User’s actions may cause legal liability for youUser, our Company’s Users, or Upwork Company or our AffiliatesCompany’s Affiliates or Representatives; may be contrary to the interests of the Site or the User community; or may involve illicit or illegal activity. If your User’s Account is suspended temporarily or permanently closed, you User may not use the Site under the same Account or a different Account or reregister under a new Account without UpworkCompany’s prior written consent. If you attempt User attempts to use the Site under a different Account, we reserve Company reserves the right to reclaim available funds in that Account and/or use an available Payment Method to pay for any amounts owed by you User to the extent permitted by applicable law. Without limiting Upwork’s other rights or remediesUsers acknowledge and agree that the value, if you engage in actions or activities that circumvent reputation, and goodwill of the Site or otherwise reduce fees owed Upwork or our Affiliates under the Terms depend on transparency of ServiceUser’s Account status to all Users, you must pay Upwork, and you authorize Upwork or its Affiliate to charge you, for all fees owed to Upwork and our Affiliates and reimburse Upwork for the Opt-Out Fee, if applicable, all losses and costs (including any and all time of Upwork’s employees) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees. In addition, violations of the Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. If your Account is closed for any reason, you will no longer have access to data, messages, files, both yourself and other material you keep on the SiteUsers who have entered into Service Contracts with you. If practicable or required by lawUsers therefore agree as follows: IF COMPANY DECIDES TO TEMPORARILY OR PERMANENTLY CLOSE YOUR ACCOUNT, Upwork will retain this information along with all your previous posts and proposals for a period of up to five years from the date of closureCOMPANY HAS THE RIGHT WHERE ALLOWED BY LAW BUT NOT THE OBLIGATION TO: (A) NOTIFY OTHER USERS THAT HAVE ENTERED INTO SERVICE CONTRACTS WITH YOU TO INFORM THEM OF YOUR CLOSED ACCOUNT STATUS, (B) PROVIDE THOSE USERS WITH A SUMMARY OF THE REASONS FOR YOUR ACCOUNT CLOSURE. However, you understand that any closure of your Account may involve deletion of any content stored in your Account for which Upwork will have no liability whatsoeverYOU AGREE THAT COMPANY WILL HAVE NO LIABILITY ARISING FROM OR RELATING TO ANY NOTICE THAT IT MAY PROVIDE TO ANY USER REGARDING CLOSED ACCOUNT STATUS OR THE REASON(S) FOR THE CLOSURE.

Appears in 2 contracts

Samples: User Agreement, User Agreement

Agreement Term and Termination. The Terms of Service as amended from time to time, a. This Agreement will become effective on the later of the Effective Date or your upon User’s first visit to the Site Service and will remain in effect for the duration of your User’s use of the Site or Site ServicesService. Unless both you User and Upwork expressly Dentalocums agree otherwise in writing, either of us party may terminate this Agreement in our its sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein. You may provide written notice to xxxxxxxxxxxx@xxxxxx.xxx. If you are using Upwork Payroll, you must legally terminate your relationship with Client or Freelancer, as applicable, before terminating this Agreement. In the event you User properly terminate terminates this Agreement, your User’s right to use the Site Service is automatically revoked, and your User’s Account will be closed; however, (ai) if you have User has any open Engagements Requests when you terminate User terminates this Agreement, you User will continue to be bound by this Agreement and the other Terms of Service until all such Engagements Requests have closed on the SiteService; (bii) Upwork Dentalocums will continue to perform those Site Services services necessary to complete any open Engagement Request or related transaction between you and another User; and (ciii) you User will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the completion of any open EngagementsRequests, whichever is later, to Upwork Dentalocums for any Site Services services and to any Freelancers DCP for any Freelancer DCP Services. Without limiting any other provisions of the Terms of Servicethis Agreement, the termination of this Agreement for any reason will not release youUser, any User with whom you have User has entered into a Service ContractBooking Agreement, or Upwork Dentalocums from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination. Those portions of the Terms of Service necessary to implement the foregoing survive termination of this Agreement for any reason. b. Dentalocums has the right, but not the obligation, to suspend or revoke User’s access to the Service aif Dentalocums believes that User has violated or acted inconsistently with the letter or spirit of this Agreement or violated Dentalocums’s rights or those of another party. Without limiting Upwork’s Dentalocums's other rights or remedies, we Dentalocums may temporarily suspend, indefinitely suspend, or permanently revoke your User’s access to the Site Service and refuse to provide any or all Site Services services to you User if: (ia) you breach User breaches the letter or spirit of any terms and conditions of this Agreement or other parts of the Terms of Service; (ii) we suspect or become aware that you have provided false or misleading information to us; or (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or Upwork or our Affiliates; may be contrary to the interests of the Site or the User community; or may involve illicit activity. If your Account is suspended or closed, you may not use the Site under the same Account or a different Account or reregister under a new Account without Upwork’s prior written consent. If you attempt to use the Site under a different Account, we reserve the right to reclaim available funds in that Account and/or use an available Payment Method to pay for any amounts owed by you to the extent permitted by applicable law. Without limiting Upwork’s other rights or remedies, if you engage in actions or activities that circumvent the Site or otherwise reduce fees owed Upwork or our Affiliates under the Terms of Service, you must pay Upwork, and you authorize Upwork or its Affiliate to charge you, for all fees owed to Upwork and our Affiliates and reimburse Upwork for the Opt-Out Fee, if applicable, all losses and costs (including any and all time of Upwork’s employees) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees. In addition, violations of the Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. If your Account is closed for any reason, you will no longer have access to data, messages, files, and other material you keep on the Site. If practicable or required by law, Upwork will retain this information along with all your previous posts and proposals for a period of up to five years from the date of closure. However, you understand that any closure of your Account may involve deletion of any content stored in your Account for which Upwork will have no liability whatsoever.;

Appears in 1 contract

Samples: User Agreement

Agreement Term and Termination. The Terms of Service as amended from time to time, will become effective on the later of the Effective Date or your first visit to the Site and will remain in effect for the duration of your use of the Site or Site Services23.1. Unless both you Users and Upwork Company expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein. You may provide written notice to xxxxxxxxxxxx@xxxxxx.xxx. If you are using Upwork Payroll, you must legally terminate your relationship with Client or Freelancer, as applicable, before terminating this Agreementxxxx@xxxxxxxxxxxxxxxx.xxx. In the event you User properly terminate terminates this Agreement, your User’s right to use the Site and Site Services is automatically revoked, and your User’s Account will be closed; however, . Company is not a party to any Service Contract between Users. Consequently, User understands and acknowledges that termination of this Agreement (or attempt to terminate this Agreement) does not terminate or otherwise impact any Service Contract or Project entered into between Users. If User attempts to terminate this Agreement while having one or more open Projects, User agrees (a) if you have User hereby instructs Company to close any open Engagements when you terminate this Agreement, you contracts; (b) User will continue to be bound by this Agreement and the other Terms of Service until all such Engagements Projects have closed on the Site; (bc) Upwork Company will continue to perform those Site Services necessary to complete any open Engagement Project or related transaction between you and another User; and (cd) you User will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the completion closure of any open EngagementsService Contracts, whichever is later, to Upwork Company for any Site Services or such other amounts owed under the Terms of Service and to any Freelancers Freelance Attorney for any Freelancer Freelance Attorney Services. Without limiting any other provisions of the Terms of Service, the termination of this Agreement for any reason will not release you, any User with whom you have entered into a Service Contract, or Upwork from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination. Those portions of the Terms of Service necessary to implement the foregoing survive termination of this Agreement for any reason. Without limiting UpworkCompany’s other rights or remedies, we may Company may, but is not obligated to, temporarily suspendor indefinitely revoke access to the Site or Site Services, indefinitely suspenddeny your registration, or permanently revoke your User’s access to the Site and refuse to provide any or all Site Services to you User if: (i) you breach User breaches the letter or spirit of any terms and conditions of this Agreement or any other parts provisions of the Terms of Service; (ii) we suspect Company suspects or become becomes aware that you have User has provided false or misleading information to usCompany; or (iii) we believeCompany believes, in our its sole discretion, that your User’s actions may cause legal liability for youUser, our Company’s Users, or Upwork Company or our AffiliatesCompany’s Affiliates or Representatives; may be contrary to the interests of the Site or the User community; or may involve illicit or illegal activity. If your User’s Account is suspended temporarily or permanently closed, you User may not use the Site under the same Account or a different Account or reregister under a new Account without UpworkCompany’s prior written consent. If you attempt User attempts to use the Site under a different Account, we reserve Company reserves the right to reclaim available funds in that Account and/or use an available Payment Method to pay for any amounts owed by you User to the extent permitted by applicable law. Without limiting Upwork’s other rights or remediesUsers acknowledge and agree that the value, if you engage in actions or activities that circumvent reputation, and goodwill of the Site or otherwise reduce fees owed Upwork or our Affiliates under the Terms depend on transparency of ServiceUser’s Account status to all Users, you must pay Upwork, and you authorize Upwork or its Affiliate to charge you, for all fees owed to Upwork and our Affiliates and reimburse Upwork for the Opt-Out Fee, if applicable, all losses and costs (including any and all time of Upwork’s employees) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees. In addition, violations of the Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. If your Account is closed for any reason, you will no longer have access to data, messages, files, both yourself and other material you keep on the SiteUsers who have entered into Service Contracts with you. If practicable or required by lawUsers therefore agree as follows: IF COMPANY DECIDES TO TEMPORARILY OR PERMANENTLY CLOSE YOUR ACCOUNT, Upwork will retain this information along with all your previous posts and proposals for a period of up to five years from the date of closureCOMPANY HAS THE RIGHT WHERE ALLOWED BY LAW BUT NOT THE OBLIGATION TO: (A) NOTIFY OTHER USERS THAT HAVE ENTERED INTO SERVICE CONTRACTS WITH YOU TO INFORM THEM OF YOUR CLOSED ACCOUNT STATUS, (B) PROVIDE THOSE USERS WITH A SUMMARY OF THE REASONS FOR YOUR ACCOUNT CLOSURE. However, you understand that any closure of your Account may involve deletion of any content stored in your Account for which Upwork will have no liability whatsoeverYOU AGREE THAT COMPANY WILL HAVE NO LIABILITY ARISING FROM OR RELATING TO ANY NOTICE THAT IT MAY PROVIDE TO ANY USER REGARDING CLOSED ACCOUNT STATUS OR THE REASON(S) FOR THE CLOSURE.

Appears in 1 contract

Samples: User Agreement

Agreement Term and Termination. The Terms of Service as amended from time to time, will become effective effective on the later of the Effective Effective Date or your first visit to the Site and will remain in effect effect for the duration of your use of the Site or Site Services. Unless both you and Upwork Homednb expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein. You may provide written notice to xxxxxxxxxxxx@xxxxxx.xxxxx@xxxxxxx.xxx. If you are using Upwork Homednb Payroll, you must legally terminate your relationship with Client or FreelancerContractors, as applicable, before terminating this Agreement. In the event you properly terminate this Agreement, your right to use the Site is automatically revoked, and your Account will be closed; however, , (a) if you have any open Engagements Contracts when you terminate this Agreement, you will continue to be bound by this Agreement and the other Terms of Service until all such Engagements Contracts have closed on the Site; (b) Upwork Homednb will continue to perform those Site Services necessary to complete any open Engagement Contract or related transaction between you and another User; and (c) you will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the completion of any open EngagementsContracts, whichever is later, to Upwork Homednb for any Site Services and to any Freelancers Contractors for any Freelancer Contractors Services. Without limiting any other provisions of the Terms of Service, the termination of this Agreement for any reason will not release you, any User with whom you have entered into a Service Contract, or Upwork Homednb from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination. Those portions of the Terms of Service necessary to implement the foregoing survive termination of this Agreement for any reason. Without limiting UpworkHomednb’s other rights or remedies, we may temporarily suspend, indefinitely suspend, or permanently revoke your access to the Site and refuse to provide any or all Site Services to you if: (i) you breach the letter or spirit of any terms and conditions of this Agreement or other parts of the Terms of Service; (ii) we suspect or become aware that you have provided false or misleading information to us; or (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or Upwork Homednb or our AffiliatesAffiliates; may be contrary to the interests of the Site or the User community; or may involve illicit activity. If your Account is suspended or closed, you may not use the Site under the same Account or a different different Account or reregister under a new Account without UpworkHomednb’s prior written consent. If you attempt to use the Site under a different different Account, we reserve the right to reclaim available funds in that Account and/or use an available Payment Method to pay for any amounts owed by you to the extent permitted by applicable law. Without limiting UpworkHomednb’s other rights or remedies, if you engage in actions or activities that circumvent the Site or otherwise reduce fees owed Upwork Homednb or our Affiliates Affiliates under the Terms of Service, you must pay UpworkHomednb, and you authorize Upwork Homednb or its Affiliate Affiliate to charge you, for all fees owed to Upwork Homednb and our Affiliates Affiliates and reimburse Upwork Homednb for the Opt-Out Fee, if applicable, all losses and costs (including any and all time of UpworkHomednb’s employees) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees. In addition, violations of the Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. If your Account is closed for any reason, you will no longer have access to data, messages, files, and other material you keep on the Site. If practicable or required by law, Upwork Homednb will retain this information along with all your previous posts and proposals for a period of up to five years from the date of closure. However, you understand that any closure of your Account may involve deletion of any content stored in your Account for which Upwork Homednb will have no liability whatsoever.

Appears in 1 contract

Samples: User Agreement

Agreement Term and Termination. The Terms of Service as amended from time to time, will become effective on the later of the Effective Date or your first visit to the Site and will remain in effect for the duration of your use of the Site or Site Services23.1. Unless both you Users and Upwork Company expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein. You may provide written notice to xxxxxxxxxxxx@xxxxxx.xxx. If you are using Upwork Payroll, you must legally terminate your relationship with Client or Freelancer, as applicable, before terminating this Agreementxxxx@xxxxxxxxxxxxxxxx.xxx. In the event you User properly terminate terminates this Agreement, your User’s right to use the Site and Site Services is automatically revoked, and your User’s Account will be closed; however, . Company is not a party to any Service Contract between Users. Consequently, User understands and acknowledges that termination of this Agreement (or attempt to terminate this Agreement) does not terminate or otherwise impact any Service Contract or Project entered into between Users. If User attempts to terminate this Agreement while having one or more open Projects, User agrees (a) if you have User hereby instructs Company to close any open Engagements when you terminate this Agreement, you contracts; (b) User will continue to be bound by this Agreement and the other Terms of Service until all such Engagements Projects have closed on the Site; (bc) Upwork Company will continue to perform those Site Services necessary to complete any open Engagement Project or related transaction between you and another User; and (cd) you User will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the completion closure of any open EngagementsService Contracts, whichever is later, to Upwork Company for any Site Services or such other amounts owed under the Terms of Service and to any Freelancers Freelance Attorney/Paralegal for any Freelancer Freelance Attorney/Paralegal Services. Without limiting any other provisions of the Terms of Service, the termination of this Agreement for any reason will not release you, any User with whom you have entered into a Service Contract, or Upwork from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination. Those portions of the Terms of Service necessary to implement the foregoing survive termination of this Agreement for any reason. Without limiting UpworkCompany’s other rights or remedies, we may Company may, but is not obligated to, temporarily suspendor indefinitely revoke access to the Site or Site Services, indefinitely suspenddeny your registration, or permanently revoke your User’s access to the Site and refuse to provide any or all Site Services to you User if: (i) you breach User breaches the letter or spirit of any terms and conditions of this Agreement or any other parts provisions of the Terms of Service; (ii) we suspect Company suspects or become becomes aware that you have User has provided false or misleading information to usCompany; or (iii) we believeCompany believes, in our its sole discretion, that your User’s actions may cause legal liability for youUser, our Company’s Users, or Upwork Company or our AffiliatesCompany’s Affiliates or Representatives; may be contrary to the interests of the Site or the User community; or may involve illicit or illegal activity. If your User’s Account is suspended temporarily or permanently closed, you User may not use the Site under the same Account or a different Account or reregister under a new Account without UpworkCompany’s prior written consent. If you attempt User attempts to use the Site under a different Account, we reserve Company reserves the right to reclaim available funds in that Account and/or use an available Payment Method to pay for any amounts owed by you User to the extent permitted by applicable law. Without limiting Upwork’s other rights or remediesUsers acknowledge and agree that the value, if you engage in actions or activities that circumvent reputation, and goodwill of the Site or otherwise reduce fees owed Upwork or our Affiliates under the Terms depend on transparency of ServiceUser’s Account status to all Users, you must pay Upwork, and you authorize Upwork or its Affiliate to charge you, for all fees owed to Upwork and our Affiliates and reimburse Upwork for the Opt-Out Fee, if applicable, all losses and costs (including any and all time of Upwork’s employees) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees. In addition, violations of the Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. If your Account is closed for any reason, you will no longer have access to data, messages, files, both yourself and other material you keep on the SiteUsers who have entered into Service Contracts with you. If practicable or required by lawUsers therefore agree as follows: IF COMPANY DECIDES TO TEMPORARILY OR PERMANENTLY CLOSE YOUR ACCOUNT, Upwork will retain this information along with all your previous posts and proposals for a period of up to five years from the date of closureCOMPANY HAS THE RIGHT WHERE ALLOWED BY LAW BUT NOT THE OBLIGATION TO: (A) NOTIFY OTHER USERS THAT HAVE ENTERED INTO SERVICE CONTRACTS WITH YOU TO INFORM THEM OF YOUR CLOSED ACCOUNT STATUS, (B) PROVIDE THOSE USERS WITH A SUMMARY OF THE REASONS FOR YOUR ACCOUNT CLOSURE. However, you understand that any closure of your Account may involve deletion of any content stored in your Account for which Upwork will have no liability whatsoeverYOU AGREE THAT COMPANY WILL HAVE NO LIABILITY ARISING FROM OR RELATING TO ANY NOTICE THAT IT MAY PROVIDE TO ANY USER REGARDING CLOSED ACCOUNT STATUS OR THE REASON(S) FOR THE CLOSURE.

Appears in 1 contract

Samples: User Agreement

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Agreement Term and Termination. The Terms of Service as amended from time to time, a. This Agreement will become effective on the later of the Effective Date or your upon User’s first visit to the Site Service and will remain in effect for the duration of your User’s use of the Site or Site ServicesService. Unless both you User and Upwork expressly Dentalocum agree otherwise in writing, either of us party may terminate this Agreement in our its sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein. You may provide written notice to xxxxxxxxxxxx@xxxxxx.xxx. If you are using Upwork Payroll, you must legally terminate your relationship with Client or Freelancer, as applicable, before terminating this Agreement. In the event you User properly terminate terminates this Agreement, your User’s right to use the Site Service is automatically revoked, and your User’s Account will be closed; however, (ai) if you have User has any open Engagements Requests when you terminate User terminates this Agreement, you User will continue to be bound by this Agreement and the other Terms of Service until all such Engagements Requests have closed on the SiteService; (bii) Upwork Dentalocum will continue to perform those Site Services services necessary to complete any open Engagement Request or related transaction between you and another User; and (ciii) you User will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the completion of any open EngagementsRequests, whichever is later, to Upwork Dentalocum for any Site Services services and to any Freelancers DCP for any Freelancer DCP Services. Without limiting any other provisions of the Terms of Servicethis Agreement, the termination of this Agreement for any reason will not release youUser, any User with whom you have User has entered into a Service ContractBooking Agreement, or Upwork Dentalocum from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination. Those portions of the Terms of Service necessary to implement the foregoing survive termination of this Agreement for any reason. b. Dentalocum has the right, but not the obligation, to suspend or revoke User’s access to the Service aif Dentalocum believes that User has violated or acted inconsistently with the letter or spirit of this Agreement or violated Dentalocum’s rights or those of another party. Without limiting Upwork’s Dentalocum's other rights or remedies, we Dentalocum may temporarily suspend, indefinitely suspend, or permanently revoke your User’s access to the Site Service and refuse to provide any or all Site Services services to you User if: (ia) you breach User breaches the letter or spirit of any terms and conditions of this Agreement or other parts of the Terms of Service; (ii) we suspect or become aware that you have provided false or misleading information to us; or (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or Upwork or our Affiliates; may be contrary to the interests of the Site or the User community; or may involve illicit activity. If your Account is suspended or closed, you may not use the Site under the same Account or a different Account or reregister under a new Account without Upwork’s prior written consent. If you attempt to use the Site under a different Account, we reserve the right to reclaim available funds in that Account and/or use an available Payment Method to pay for any amounts owed by you to the extent permitted by applicable law. Without limiting Upwork’s other rights or remedies, if you engage in actions or activities that circumvent the Site or otherwise reduce fees owed Upwork or our Affiliates under the Terms of Service, you must pay Upwork, and you authorize Upwork or its Affiliate to charge you, for all fees owed to Upwork and our Affiliates and reimburse Upwork for the Opt-Out Fee, if applicable, all losses and costs (including any and all time of Upwork’s employees) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees. In addition, violations of the Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. If your Account is closed for any reason, you will no longer have access to data, messages, files, and other material you keep on the Site. If practicable or required by law, Upwork will retain this information along with all your previous posts and proposals for a period of up to five years from the date of closure. However, you understand that any closure of your Account may involve deletion of any content stored in your Account for which Upwork will have no liability whatsoever.;

Appears in 1 contract

Samples: User Agreement

Agreement Term and Termination. The Terms of Service as amended from time to time, a. This Agreement will become effective on the later of the Effective Date or your upon User’s first visit to the Site Service and will remain in effect for the duration of your User’s use of the Site or Site ServicesService. Unless both you User and Upwork expressly Dentable agree otherwise in writing, either of us party may terminate this Agreement in our its sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein. You may provide written notice to xxxxxxxxxxxx@xxxxxx.xxx. If you are using Upwork Payroll, you must legally terminate your relationship with Client or Freelancer, as applicable, before terminating this Agreement. In the event you User properly terminate terminates this Agreement, your User’s right to use the Site Service is automatically revoked, and your User’s Account will be closed; however, , (ai) if you have User has any open Engagements Requests when you terminate User terminates this Agreement, you User will continue to be bound by this Agreement and the other Terms of Service until all such Engagements Requests have closed on the SiteService; (bii) Upwork Dentable will continue to perform those Site Services services necessary to complete any open Engagement Request or related transaction between you and another User; and (ciii) you User will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the completion of any open EngagementsRequests, whichever is later, to Upwork Dentable for any Site Services services and to any Freelancers DCP for any Freelancer DCP Services. Without limiting any other provisions of the Terms of Servicethis Agreement, the termination of this Agreement for any reason will not release youUser, any User with whom you have User has entered into a Service ContractBooking Agreement, or Upwork Dentable from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination. Those portions of the Terms of Service necessary to implement the foregoing survive termination of this Agreement for any reason. b. Dentable has the right, but not the obligation, to suspend or revoke User’s access to the Service aif Dentable believes that User has violated or acted inconsistently with the letter or spirit of this Agreement or violated Dentable’s rights or those of another party. Without limiting Upwork’s Dentable's other rights or remedies, we Dentable may temporarily suspend, indefinitely suspend, or permanently revoke your User’s access to the Site Service and refuse to provide any or all Site Services services to you User if: (ia) you breach User breaches the letter or spirit of any terms and conditions of this Agreement or other parts of the Terms of Service; (iib) we suspect Dentable suspects or become becomes aware that you have User has provided false or misleading information to usDentable; or (iiic) we believeDentable believes, in our its sole discretion, that your User’s actions may cause legal liability for youUser, our Users, or Upwork Dentable or our Affiliates; may be contrary to the interests of the Site Service or the User community; or may involve illicit activity. If your Once User’s Account is suspended or closed, you may User must not continue to use the Site Service under the same Account or a different Account or reregister under a new Account without Upwork’s Dentable's prior written consent. If you attempt User attempts to use the Site Service under a different Account, we reserve Dentable reserves the right to reclaim available funds in that Account and/or use an available Payment Method to pay for any amounts owed by you User to the extent permitted by applicable law. User understands that any closure of User’s Account may involve deletion of any content stored in User’s Account for which Dentable will have no liability whatsoever. c. Without limiting Upwork’s Dentable's other rights or remedies, if you engage User engages in actions or activities that circumvent the Site Service or otherwise reduce fees owed Upwork Dentable or our Dentable’s Affiliates under the Terms of Servicethis Agreement, you User must pay Upwork, and you authorize Upwork or its Affiliate to charge you, Dentable for all fees owed to Upwork Dentable and our its Affiliates and reimburse Upwork Dentable for the Opt-Out Fee, if applicable, all losses and costs (including any and all time of Upwork’s Dentable's employees) and reasonable expenses (including attorneys' fees) related to investigating such breach and collecting such fees. In addition, violations of the Terms of Service this Agreement may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. If your . d. When User’s Account is closed for any reason, you User will no longer have access to data, messages, files, and other material you keep User keeps on the SiteService. e. No party to this Agreement shall incur any liability whatsoever for any damage, loss or expenses of any kind suffered or incurred by the other party arising from or incident to any termination of this Agreement which complies with the terms of the Agreement whether or not the terminating party is aware of any such damage, loss or expenses. f. Upon termination or expiration of this Agreement for any reason whatsoever, User (i) shall immediately discontinue any use of the name, logotype, Marks or slogans of Dentable, (ii) shall immediately discontinue all representations or statements from which it might be inferred that any relationship exists between the parties, (iii) will immediately return to Dentable all Proprietary Information and any other information or materials of Dentable. g. Termination of this Agreement and/or closing of User’s Account will not relieve User of the requirement to pay for DCP Services performed prior to the effective date of the termination or thereafter for any Booking Agreements entered into before termination of this Agreement. If practicable or Except as otherwise required by applicable law, Upwork Dentable will retain notify User if Dentable closes User’s Account, unless Dentable believes, in its sole judgment, that giving notice may cause damage. User acknowledges and agrees that the value, reputation, and goodwill of the Service depends on transparency of User's Account status to all Users, including both yourself and other Users who have entered into Booking Agreements with User. User therefore agrees as follows: IF CARITUDE DECIDES TO SUSPEND OR CLOSE USER’S ACCOUNT, CARITUDE HAS THE RIGHT BUT NOT THE OBLIGATION TO: (A) NOTIFY OTHER USERS THAT HAVE ENTERED INTO BOOKING AGREEMENTS WITH USER TO INFORM THEM OF USER’S SUSPENDED OR CLOSED ACCOUNT STATUS, AND (B) PROVIDE THOSE USERS WITH A SUMMARY OF THE REASONS FOR USER’S ACCOUNT SUSPENSION OR CLOSURE. h. After this information along with all your previous posts Agreement terminates, the terms of this Agreement that expressly or by their nature contemplate performance after the Agreement terminates or expires will survive and proposals for a period of up to five years from the date of closure. However, you understand that any closure of your Account may involve deletion of any content stored continue in your Account for which Upwork will have no liability whatsoeverfull force and effect.

Appears in 1 contract

Samples: User Agreement

Agreement Term and Termination. The Terms of Service as amended from time to time, will become effective on the later of the Effective Date or your first visit to the Site and will remain in effect for the duration of your use of the Site or Site Services. Unless both you and Upwork TMC expressly agree otherwise in writing, either of us may terminate this Agreement in our sole discretion, at any time, without explanation, upon written notice to the other, which will result in the termination of the other Terms of Service as well, except as otherwise provided herein. You may provide written notice to xxxxxxxxxxxx@xxxxxx.xxxxxxxxxx@xxxxxxxxxxxxxxxx.xxx. If you are using Upwork TMC Payroll, you must legally terminate your relationship with Client or FreelancerClient, as applicable, before terminating this Agreement. In the event you properly terminate this Agreement, your right to use the Site is automatically revoked, and your Account will be closed; however, , (a) if you have any open Engagements when you terminate this Agreement, you will continue to be bound by this Agreement and the other Terms of Service until all such Engagements have closed on the Site; (b) Upwork TMC will continue to perform those Site Services necessary to complete any open Engagement or related transaction between you and another User; and (c) you will continue to be obligated to pay any amounts accrued but unpaid as of the date of termination or as of the completion of any open Engagements, whichever is later, to Upwork TMC for any Site Services and to any Freelancers Client for any Freelancer Client Services. Without limiting any other provisions of the Terms of Service, the termination of this Agreement for any reason will not release you, any User with whom you have entered into a Service Contract, or Upwork TMC from any obligations incurred prior to termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination. Those portions of the Terms of Service necessary to implement the foregoing survive termination of this Agreement for any reason. Without limiting UpworkTMC’s other rights or remedies, we may temporarily suspend, indefinitely suspend, or permanently revoke your access to the Site and refuse to provide any or all Site Services to you if: (i) you breach the letter or spirit of any terms and conditions of this Agreement or other parts of the Terms of Service; (ii) we suspect or become aware that you have provided false or misleading information to us; or (iii) we believe, in our sole discretion, that your actions may cause legal liability for you, our Users, or Upwork TMC or our Affiliates; may be contrary to the interests of the Site or the User community; or may involve illicit activity. If your Account is suspended or closed, you may not use the Site under the same Account or a different Account or reregister under a new Account without UpworkTMC’s prior written consent. If you attempt to use the Site under a different Account, we reserve the right to reclaim available funds in that Account and/or use an available Payment Method to pay for any amounts owed by you to the extent permitted by applicable law. Without limiting UpworkTMC’s other rights or remedies, if you engage in actions or activities that circumvent the Site or otherwise reduce fees owed Upwork TMC or our Affiliates under the Terms of Service, you must pay UpworkTMC, and you authorize Upwork TMC or its Affiliate to charge you, for all fees owed to Upwork TMC and our Affiliates and reimburse Upwork TMC for the Opt-Out Fee, if applicable, all losses and costs (including any and all time of UpworkTMC’s employees) and reasonable expenses (including attorneys’ fees) related to investigating such breach and collecting such fees. In addition, violations of the Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. If your Account is closed for any reason, you will no longer have access to data, messages, files, and other material you keep on the Site. If practicable or required by law, Upwork TMC will retain this information along with all your previous posts and proposals for a period of up to five years from the date of closure. However, you understand that any closure of your Account may involve deletion of any content stored in your Account for which Upwork TMC will have no liability whatsoever.

Appears in 1 contract

Samples: User Agreement

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