Introduction

These Terms of Use describe the nature of this Website and the terms on which you may use it. BY USING THIS WEBSITE OR ANY INFORMATION PROVIDED ON THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. The New Economy Workforce.org and LiveOps, Inc. (collectively referred to herein as "us" or "we") reserve the right, in our sole discretion, to change, add or remove any portion of these Terms of Use at any time by posting new Terms of Use on this Website. Please review these Terms of Use each time you use this Website. YOUR USE FOLLOWING POSTED CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR ANY CHANGES, PLEASE DO NOT USE THIS WEBSITE. The New Economy Workforce website has been built and is maintained by LiveOps, Inc. the website was developed to provide an online advocacy portal for Users to become informed about the issues regarding independent contractors and the self employed, to learn how to take action, to provide tools to facilitate those actions and to connect with others who have similar interests.
The Service is available only to registered users. In order to register, a user must provide certain registration information, such as first and last name, username, e-mail address, and password. Once you give us your personal information, you are not anonymous to us.

1. Ownership
(a) This Website is owned by us. All materials, excluding user content, contained in this Website (the "Materials") are either owned by or licensed to us and are protected by intellectual property and other laws. We and our licensors retain all proprietary rights to the Materials. This Website is Copyright © 2009 LiveOps, Inc. All rights are reserved. Except as expressly authorized by us, any use, copy, reproduction, display, performance, modification or retransmission of the Materials is strictly prohibited. Notwithstanding the foregoing, you may download the Materials for your personal non-commercial use or to share with others for their personal non-commercial use, provided you keep intact all proprietary and other notices. All copies must contain the following notices:
Copyright 2009 (or other year indicated) LiveOps, Inc.
Reprinted with the permission of LiveOps Inc.

(b) We By posting text, files, images, video, sounds, works of authorship, or other materials that you post on or through this Website (collectively, "Content") on or through this Website, you continue to retain any ownership rights that you may have in such Content. By posting Content on or through this Website, you hereby grant to us and to each user of the site a license to use, modify, publicly perform, publicly display, reproduce and distribute such Content for any purpose without compensation to you. The license to us is nonexclusive, fully paid and royalty-free, sublicensable and worldwide.

You represent and warrant that (i) you own or control all applicable rights or you have obtained any consent or approval under any applicable copyright, trademark, intellectual property or other laws that may be necessary to publish, store or use the Content, (ii) you have the right to grant the license set forth in this section, and (iii) the posting of your Content on or through this Website or its use by us does not and will not violate the privacy rights, publicity rights, contract rights, copyrights or any other rights of any person or entity. You agree to pay for all royalties, fees or other amounts owed to any person or entity for any Content posted by you on or through this Website or our use of the Content in accordance with this license.

2. Information on this Website
This Website provides information about us and may include data regarding our services, information pertaining to (among other things) our members, industry information and third party resources and services that may be of interest to users of this Website. This Website may also include member-generated Content.

3. Services
This Website provides access to a number of professional and other services offered by us and third parties that may be available to users, including reference and educational information. We are responsible for such third party content or sites. Articles, commentary and other information contained on this Website are intended to be for general academic and illustrative purposes and are not intended to guide the decisions of any individuals.

4. Modifications to this Website
We may at our sole discretion change, suspend or discontinue any aspect of this Website at any time, including the availability of any Website feature, database or content. We may also impose limits on certain features and services or restrict users' access to parts or all of this Website without notice or liability.

5. Monitoring
You agree that we have the right, but not the obligation, to monitor, edit, disclose, refuse to post, or remove at any time, for any reason in its sole discretion, any Content anywhere on this Website, including but not limited to forums, e-mail and other areas. Notwithstanding this right, we do not and cannot review all Content posted to this Website by users and we are not responsible for any such Content.

Posting and use of the Website is limited to current employees and contractors of Member Companies.  a member Company is one that offers an online marketplace for work, including LiveOps, eLance, ODesk and others in a similar space.  If you wish to become a Member Company, please send an email to info@theneweconomyworkforce.org. We reserve the right to charge a fee for becoming a Member Company.

6. Privacy
You may provide certain information to us while using this Website. Our use of this information will be governed by our Privacy Policy.

7. Internet Use
You should be aware of the general risks of transmitting information over the Internet. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for accuracy of data input and output, backing up of data, and protection from "viruses," "worms," "Trojan horses" or other malicious or damaging computer software.

8. Prohibited Activities
The following activities are not permitted on this Website and are a material breach of these Terms of Use:

(a) Using this Website for any purpose in violation of local, state, national or international laws;

(b) Posting material that infringes on the intellectual property rights or privacy rights of others;

(c) Posting material that is unlawful, threatening, harassing, malicious, hateful, abusive, slanderous, defamatory, obscene, embarrassing to others or otherwise contrary to the purpose of this Website, as determined by us in our sole discretion;

(d) Posting material that restricts or inhibits other users from using or enjoying this Website;

(e) Posting material that constitutes or encourages conduct that would constitute a criminal offense or give rise to civil liability;

(f) Posting material that contains a virus or other harmful component or false or misleading statements of origin or fact;

(g) Collecting information about others without their written consent;
(h) Using the site for solicitation or commercial purposes; and

(i) Engaging in any other conduct that is contrary to the purpose of this Website or, as determined by us in our sole discretion, that exposes us or any other person or entity related to this Website to any liability or detriment.

9. No Endorsement
We do not represent or endorse the accuracy or reliability of any advice, opinion, statement, Content or other information displayed, distributed or otherwise accessible on or through this Website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum or information shall be at your sole risk. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this Website.

10. Links
We, our members and other users may provide links to other Websites, for your convenience. However, we do not review, endorse, approve or exercise any control over the content of linked Websites. We make no claim or representation regarding and accept no responsibility for, the quality, content, nature or reliability of Websites accessible by link from this Website, or Websites linking to this Website. The use of any such Websites is at your risk, and is subject to the Terms of Use applicable to such Websites. When you link to another site, that other site is governed by its own privacy statement and our privacy policy does not apply to your use of that site.

11. DISCLAIMER OF WARRANTIES
WE MAKE NO WARRANTY OF ANY KIND CONCERNING THE FUNCTIONING OF THIS WEBSITE, OR THE INFORMATION CONTAINED ON THIS WEBSITE OR ANY OTHER WEBSITES LINKED TO IT IN ANY WAY. WE ASSUME NO LIABILITY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE UPON INFORMATION OR SERVICES OBTAINED THROUGH USE OF THIS WEBSITE. OPERATION OF THIS WEBSITE AND ANY INFORMATION ON THIS WEBSITE IS PROVIDED "AS IS," AND TO THE FULLEST EXTENT PERMISSIBLE BY LAW, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, ARE DISCLAIMED. Without any limitation of the foregoing, we do not warrant that the functions contained in this Website or any materials or content contained therein will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes it available is free of viruses or other harmful components. Some jurisdictions do not allow the exclusion of certain warranties so some of the above may not apply to you.

12. LIMITATION OF REMEDIES
WE SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, OR CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES DIRECTLY OR INDIRECTLY RESULTING FROM OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THIS WEBSITE OR ANY INFORMATION, FUNCTIONS OR SERVICES ON THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the above may not apply to you. In no event shall our total liability to you for all damages, causes or causes of action (whether in contract or tort, including but not limited to negligence) arising from these Terms of Use or your use of this Website exceed the amount paid by you, if any, to use this Website.

13. Indemnification
You agree to indemnify, defend and hold us harmless from any claims, costs (including reasonable attorneys' fees), losses, expenses, settlements and judgments, arising from or related to your violation of these Terms of Use, your violation of the rights of or dispute with any other person or entity, or your use of this Website.

14. Copyright Infringement
We respect the intellectual property of others, and ask our users to do the same. We may, in appropriate circumstances and at our discretion, suspend or terminate the access of and take other action against users, subscribers, registrants and account holders who infringe the copyright rights of others. If you believe that your work has been copied and is accessible on this Website in a way that constitutes copyright infringement, or that this Website contains links or other references to another online location that contains material or activity that infringes your copyright rights, you may notify us by providing the following information (as required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. sec. 512) to our copyright agent set forth below:

(a) A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(d) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

(e) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Here is the contact information for our copyright agent:

Copyright Enforcement
LiveOps, Inc.
5425 Stevens Creek Blvd.
Santa Clara, CA 95051
Telephone: (800)411.4700
Fax: (650)745.3756

Again, we cannot take action unless you give us all the required information.

15. Jurisdiction
You agree that the courts of California have exclusive jurisdiction over any dispute you have with us, and you expressly consent to personal jurisdiction in such courts in connection with any such dispute or a dispute involving any of our affiliates, subsidiaries, employees, agents, officers, directors and contractors. These Terms of Use are subject to the substantive laws of California, without respect to its conflict of laws principles.

16. Termination
These Terms of Use constitutes a binding agreement between you and us until terminated by you or us, which we may do at any time, without notice, in our sole discretion. If you become dissatisfied with this Website, in any way, your only recourse is to immediately discontinue use of this Website.

17. General Provisions
If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect. The failure by either you or us to exercise or enforce any rights or provisions of these Terms of Use shall not constitute a waiver of such right or provision. Except as explicitly stated otherwise, any notices shall be given in writing to LiveOps, Inc. Attn: General Counsel, 5425 Stevens Creek Blvd. Santa Clara, CA 95051. Notice shall be deemed given 24 hours after receipt by LiveOps,. You agree that any cause of action arising out of or related to this Website or these Terms of Use must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. These Terms of Use comprises the entire agreement between you and us and supersedes all prior agreements between the parties, regarding the subject matter contained herein. All provisions of these Terms of Use regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Terms of Use.

18. Contact Us
You may contact us at LiveOps Advocacy@liveops.com
Effective April 30, 2009

PRIVACY POLICY

Your privacy concerns are important to The New Economy Workforce.org and LiveOps, Inc. (collectively referred to herein as "we" or "us"). This Privacy Policy is designed to provide you with the information you need to control your personal information. Please note also that this Privacy Policy should be read in conjunction with our TERMS OF USE. By using this Website, you agree to the collection and use of your information by us in accordance with this Privacy Policy. If you do not agree with the terms of this Privacy Policy, please do not use this Website.

1. You may use most of this Website without giving us information that identifies you, such as your name, address, telephone number and e-mail address. We refer to these types of information as "Personally Identifying Information." As described below, we may request general information that describes certain characteristics, such as your zip code, age or other demographic information. We refer to this as "General Information."

2. We do not collect Personally Identifying Information about you unless you voluntarily provide such information, such as when you register with this Website, create a Member Profile, post in the forums, post other user content, communicate with this Website, or use the services offered by this website. Your Personally Identifying Information will be used for the purpose for which it was given to us, in addition to the other uses described below. For example, it may be used to provide you with information or follow up on an indication of interest in being contacted by us. We may also use your personal information to support our legislative advocacy efforts, and by providing such information, you agree to the use of that information for any purpose related to our advocacy efforts, as defined solely by us. You have control over how much, if any, of your Personally Identifying Information will be available to other users of this Website. We may also use Personally Identifying Information in the aggregate for marketing, research, fundraising and administrative purposes and may share such aggregated information with third parties for these and similar purposes.
For the avoidance of doubt, this Privacy Policy is only intended to cover our collection and use of personal information for the New Economy Workforce website and its advocacy efforts.

3. We may request General Information for general statistical and advocacy purposes. This type of General Information may be provided to third parties in an aggregate form, which permits us to describe the characteristics of our users without identifying them specifically. We use this information for marketing, research, fundraising, advocacy and administrative purposes.

4. Information collected through our studies, polls, surveys, newsletters and questionnaires is used in the aggregate. No Personally Identifying Information collected from these sources will be shared with third parties without the consent of the individuals who provided it.

5. We may use third party contractors to help us operate our organization and this Website or administer activities on our behalf and may share your information with these contractors for those limited purposes.

6. We may collect non-personally identifiable information, such as your Website browsing patterns, and IP address, through passive means. We may use this information for internal purposes and to help us interact with visitors to this Website. We may also provide this information to third parties in an aggregate form. We may use session cookies to help us administer this Website, such as facilitating the log-in process and tracking sessions. Session cookies expire when you close your browser, and do not retain any information about you after they expire.

7. Postings that may be available on this Website may be viewed by anyone who visits the forums, Member Profiles, blogs, or other areas that feature user contribution. You should exercise caution not to provide any Personally Identifying Information or other information that you would not want seen by others. Use of such community functions is at your own risk.

8. We take reasonable steps to protect the data we collect from unauthorized access, disclosure, alteration, or destruction. We do this by implementing industry-standard security procedures for storing and accessing information. However, you should be aware that we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting the foregoing), we may be forced to disclose information to the government or third parties under certain circumstances; third parties may unlawfully intercept or access transmissions or private communications; or Users may abuse or misuse your information that they collect from the site.

9. If you visit a Website that is linked to this Website, you should consult that Website's privacy policy before providing Personally Identifying Information. We are not responsible for the information collection and use practices or the content of the Websites to which we link.

10. Unless you tell us not to, we may use your Personally Identifying Information to contact you with information we think you may be interested in, including fundraising initiatives. If you change your mind or if you receive newsletters or other communications that you do not wish to receive, please contact us at LiveOpsAdvocacy@liveops.com or follow the instructions for removing your name from the circulation list for that item. Please note that changes to your preferences may not be effective immediately.

11. If we are sold to, or merge with, another company, or declare bankruptcy, some or all of the information collected from you may be transferred to a third party as a result of the transfer of assets. We may also disclose your information when we determine it is necessary to comply with applicable laws or protect our interests or safety or that of other visitors to this Website.

13. Members can review, change or delete their information by accessing the Profile section of this Website.

14. This Website may be used only by individuals over the age of 18. We urge parents to supervise their children's use of the Internet. We do not knowingly collect any information from children under the age of 13. However, if a parent learns that a child has submitted Personally Identifying Information to this Website, the parent should contact us and that information will be deleted.

15. This Privacy Policy is subject to change at any time. Changes will be posted on this page, so we encourage you to check this page regularly. Your continued use of this Website following any changes to this Privacy Policy will constitute your acceptance of such changes.

If you have any comments or questions about this Privacy Policy, please contact us at LiveOpsAdvocacy@liveops.com

Effective April 30, 2009.