PRIVACY AND SECURITY POLICY

This Privacy and Security Policy is part of the terms and conditions of the Terms of Use applicable to the WorkArea Services. WorkArea may also amend or modify this Privacy and Security Policy at any time and from time to time. This Privacy and Security Policy was last amended on May 20, 2001.

We value your privacy.

We are committed to keeping your privacy and data confidential. When you visit our Web Site and use the Services, we help you maintain control over your personal data on the Internet. Below are the guidelines we use for protecting the information requested during the use of our Services.

We may provide certain third party services.

Certain Services, including but not limited to, business-related products, banking, payroll, office products, recruiting, news, web and wireless services may be provided by third-party providers ("Providers"). Each Provider may have its own policies concerning the collection and use of customer information, so be sure to check with each Provider for information about their privacy policies. We are not responsible for the use of customer information by Providers, and we make no assurances concerning such usage.

We only ask for specific types of personal information.

In a few areas on our Web Site, we ask you to provide information that will enable us to enhance your use of the Services, to assist you with technical support issues, or to follow up with you after such use.

We may request information when you:

• Register as a Member
• Supply information (e.g. credit card) to pay for Services
• Provide feedback in an online survey
• Participate in a sweepstakes or other promotional offer
• Subscribe to a newsletter or a mailing list
• Estimate our audience for advertisers
• Identify areas of the Web Site that you have visited

In each of the instances above, we may ask for your name, title, company name, business address, billing address, phone number, email address, and a password verifier, as well as optional information about your business. When you pay for Services, you may be asked for personal information, such as credit card information, necessary to process payment. In the case of newsletters, mailing lists, or special promotions, you will be able to "unsubscribe" to these mailings at any time. Members will not be able to "unsubscribe" from site and service announcements, which contain pertinent information about WorkArea.We offer our Members an option to refer our services to other individuals ("Friends"). If a Member selects this option, then the Friend's email address will automatically be requested. This "Tell-A-Friend" option enables us to send the Friend an email inviting them to visit our Web Site. We store the Friend's information for the sole purpose of sending this email. This information may be removed from our database by contacting us at support@workarea.com.

We only use your personal information for specific purposes.

The personal information you provide helps us have a better understanding of who is using our products and services so we may better serve you. We may use your personal information to welcome you as a Member, verify your password, contact you for maintenance of your account, and follow up on Service orders and help requests. While we will not intentionally inspect the contents of your transmissions, we reserve the right to cooperate fully with local, state, or federal officials in any investigation concerning or relating to any transmissions transmitted via the Service and the Web Site, including email. We may "share" your personal information with third parties which perform data services (e.g. maintenance, backup, analysis, etc.) on our behalf. Any such third parties will be under an obligation to us to maintain the confidentiality of your personal information.

We may also use, analyze and provide aggregated information about Members and other users to reputable third-party vendors. This information may include the number of users and Members, sales, traffic patterns, and related Web Site and Service information; however, this aggregated information will not include personally identifying information.

In addition, by using the Web Site and the Services, you consent to the disclosure of personal information by us under the following circumstances:

• Information necessary to reveal to a Provider when a Member communicates with or conducts transactions with a Provider
• Information that the terms of an administrative order, court order, or subpoena requires us to disclose, that we in good faith determine what is legally required to be revealed, or that law enforcement authorities request us to disclose in connection with their investigations
• Information revealed during the course of our enforcement of the Terms of Use or other investigation of any wrongdoing by or with respect to a Member Information about a Member used by us in the course of dealings with that member outside our Web Site, such as customer service or account functions, including phone, letter, and in person
• Information that we in good faith determine must be disclosed to correct what we believe to be false or misleading information or to address activities that we believe to be manipulative or deceptive

We do not intend to collect information from children

We are committed to the safety of children and we do not intend to collect personally identifiable information from children under age 18. If you are under age 18, please ask your parent for permission before sending any information to our site or anyone else online. Have your parent contact us directly in order to provide us with prior written consent. We will not intentionally use personal information from or send marketing communications to children under age 13 without prior parental consent.

We limit our use of computer information and cookies.

We automatically capture the IP address and host name (if available) of your originating server. The IP address identifies the computer you are working on, but does not reveal any personal information about you. This information helps us to diagnose problems with our server. It also allows us to direct improvements by gathering broad, non-attributed demographic information about general patterns of use of the Web Site and the Services.

"Cookies" are small pieces of information that are created by our Web Site and stored by your Web browser on your computer's hard drive. Any cookie that identifies you as a Member is never stored on your hard drive and is automatically deleted when your browser session is terminated. Most Web browsers automatically accept cookies, but you can usually change your Web browser to prevent that.

We want to help you keep your personal information accurate.

Members may update information related to their registration or account by emailing us at support@workarea.com.

We use industry standard security measures.

We have security measures in place to protect against the loss, misuse, and alteration of the information collected through our Web Site under our control. These include firewall protection, password encryption, and restricted server access. Here are some of the extra measures we take:

• Data encryption (utilizing secure sockets layer technology) and positive identification; and
• Once your information is received, it is stored on a separate server that is not accessible from the Internet.

We use these efforts to safeguard the confidentiality of your personal information and we periodically review our security policies and implement changes from time to time. However, we cannot and do not guarantee complete security, as it does not exist on the Internet.

We comply with the guidelines of the TRUSTe privacy program.

TRUSTe is an independent, non-profit organization whose mission is to build users' trust and confidence in the Internet by promoting the use of fair information practices. Because we want to demonstrate our commitment to your privacy, we have agreed to disclose our information practices and have our privacy practices reviewed for compliance by TRUSTe.

If you feel that WorkArea is not abiding by its posted Privacy and Security Policy, you should first contact our customer service department at info@workarea.com. If you do not receive a satisfactory response, you should then contact TRUSTe at www.truste.org. TRUSTe will then serve as a liaison with us to resolve your concern.

TERMS OF USE

WELCOME

Welcome to WorkArea.com ("WorkArea, "we", "us", "our") .The WorkArea.com service ("Service", including this web site ("Web Site") is owned and operated by WorkArea.com[, Inc.], and provided to our members ("Member") under the terms and conditions of these Terms of Use, our Privacy and Security Policy, our Schedule of Services and Fees and any other supplemental operating rules, policies or documents expressly incorporated herein by reference and published from time to time (collectively, "Terms of Use"). By acknowledging you review and agreement with these Terms of Use during the registration process and/or your use of the Web Site and the Service, these Terms of Use constitute an agreement between WorkArea.com and you ("you", "your"). By accessing, browsing, or using the Service, you acknowledge that you have read, understand, and agree to be bound by these terms. These Terms of Use were last amended on May 20, 2001.

DESCRIPTION OF SERVICES

WorkArea.com provides its Members with the capability to track and retrieve time and expense reporting data through applications that can be used via a web browser or Internet-enabled wireless devices, and additional functionality as provided by WorkArea from time to time. WorkArea.com will charge its Members on a per user per month basis for the Service as specifically set forth in the Schedule of Services and Fees.

MODIFICATIONS, UPDATES AND AMENDMENTS

WorkArea reserves the right to modify or discontinue the Service at any time. WorkArea shall not be liable to Members or any third party should WorkArea exercise such rights. WorkArea may also amend or modify these Terms of Use at any time and from time to time. Upon any change in these Terms of Use, WorkArea shall post notice of the changed Terms of Use on the Web Site. Your continued use of the Service constitutes an affirmative: (1) acknowledgement by you of the Terms of Use and modifications thereto; and (2) agreement by you to abide and be bound by the Terms of Use and modifications thereto. You may only amend or modify these Terms of Use with a writing signed by both you and us.

SCOPE OF USE

Some of the information contained in the Service includes text, images, photographs, video and audio clips and other writings ("Proprietary Information"). Our Proprietary Information is protected by copyrights, trademarks, trade dress, and other intellectual property laws and is exclusively owned, controlled, or licensed by us. We grant you permission to display, copy, distribute, download, and print in hard copy, portions of this Web Site for the purposes of using the Service. You do not acquire any ownership rights in the Proprietary Information by printing or downloading any of the information or making use of the Service. In addition, other trademarks appearing through the use of the Service and information specifically related to certain companies may also be subject to the rights of other parties. By using the Service, you agree to respect, and not in any way violate, such third party rights.

You also agree to use the Service in a manner consistent with any and all applicable laws and regulations. Any action by you that, in our sole opinion, restricts or inhibits other Members or users from using and enjoying the Service is strictly prohibited. You agree not to submit, publish, or display on or through the Service any defamatory, inaccurate, abusive, obscene, profane, sexually oriented, threatening, racially offensive, or illegal material, nor encourage the use of controlled substances. You agree and represent that your use of the Service is for your own internal use only and not for resale. You may not use mass e-mailing routines, including without limitation "spam", chain mail and other unsolicited e-mail processes on the Service. You also agree not to use any macro, time bomb, malicious code, viruses, trojan horses, worms or other such software, device or routine intended to improperly intercept or access any system or personal data in the Service.

USER IDS AND PASSWORDS

As a Member, you will select a user identification ("User ID") and password for use of the Service in accordance with these Terms of Use. You are solely responsible for the use of your User ID and password, including any users you authorize to use the Service on your behalf or any User ID or password assigned by you to such users.

MEMBER RESPONSIBILITIES.

As a Member of the Web Site, you agree that:

• You are responsible for the use of your Member account by anyone using your account or User ID. You are responsible for insuring that any user of your account or User ID fully complies with the Terms of Use
• You are responsible for any programs and other information that you receive and any arrangements that you enter into as a result of your use of the Service and bear the entire responsibility for any liabilities that you may incur or otherwise experience as a result of your use of the Service
• You are responsible for obtaining and maintaining all telephone, computer hardware and software, and other equipment or services needed for access to and use of the Service and all charges related thereto
• You are responsible for protecting the confidentiality of your User ID, password(s), and credit card information
• You agree to inform us of any apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of a User ID, password or credit card.
• You will notify us by conventional mail at WorkArea.com, 340 North 12th Street,7th Floor, Philadelphia PA, 19107, by email at support@workarea.com, or by telephone at 215-925-5993 of any such breach of security.

THIRD PARTY PROVIDERS

The Service may contain content or services provided by various third party providers ("Providers"). The Terms and Conditions of any such respective third parties will be posted on the Web Site (and may be updated from time to time). We recommend that you review these Terms and Conditions. If at any time you are not in compliance with these Terms and Conditions, we have the right to terminate your rights of use and your access to the Service.

PRIVACY AND SECURITY POLICY

We recommend that you review our Privacy and Security Policy [hyperlink] which is posted on the Web Site, and which is a part of these Terms of Use. We may also amend the Privacy and Security Policy from time to time.

TERM AND TERMINATION OF MEMBERSHIP.

Either you or we may terminate the Service with or without cause at any time and effective immediately. Termination shall be accompanied by notice to the other party. WorkArea shall not be liable to you or any third party for termination of the Service.

Should you object to any terms and conditions of the Terms of Use or any subsequent amendments, modifications or changes thereto or become dissatisfied with the Service in any way, your sole recourse is to: (1) discontinue use of the Service; (2) terminate your status as a Member; and (3) notify WorkArea of such termination.

WorkArea reserves the right to refuse to provide subsequent membership to any Member who has previously terminated membership or been terminated as a Member.

LIMITATIONS OF WARRANTY AND LIABILITY; YOUR REMEDIES

Web Site and Service.

Because computers require routine maintenance and repair, and because we cannot control when our Members access the Service, we cannot guarantee that you will be able to access or use the Service at any particular time. The Service is provided on an "as-is, as-available" basis. Any PDA software and PDA or WAP access or service is also provided on an "as-is, as-available" basis. WE MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE MATERIALS ON THE WEB SITE OR SERVICE FOR ANY PURPOSE. ALL SUCH MATERIALS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE WEB SITE OR THE SERVICE, FOR YOUR ACTION OR INACTION IN CONNECTION WITH THE WEB SITE OR SERVICE OR FOR ANY DAMAGE TO YOUR COMPUTER OR DATA OR ANY OTHER DAMAGE YOU MAY INCUR IN CONNECTION WITH THE WEB SITE OR THE SERVICE. YOUR USE OF THE WEB SITE AND SERVICE IS AT YOUR OWN RISK. IN NO EVENT SHALL WE, OUR AFFILIATES OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEB SITE OR SERVICE, THE MATERIALS IN THE WEB SITE OR SERVICE, THE DELAY OR INABILITY TO USE THE WEB SITE OR SERVICE OR OTHERWISE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOU AGREE THAT YOUR SOLE REMEDY IS TO CANCEL YOUR MEMBERSHIP AND TO CEASE USING THE WEB SITE AND SERVICE.

IN NO EVENT SHALL WORKAREA'S LIABILITY ARISING FROM OR RELATED TO THE WEB SITE, THE SERVICE AND THESE TERMS OF USE EXCEED AN AMOUNT EQUAL TO THE MONTHLY FEE PAID BY YOU IMMEDIATELY PRIOR TO THE ACT GIVING RISE TO THE LIABILITY.

Services other than the Web Site or Service.

WE MAKE NO REPRESENTATION ABOUT THE SUITABILITY OF THE PRODUCTS OR SERVICES PROVIDED BY PROVIDERS AND ALL SUCH PRODUCTS AND SERVICES ARE SOLD OR PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN NO EVENT SHALL WE, OUR AFFILIATES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PRODUCTS OR SERVICES SOLD OR PROVIDED ON THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. YOU AGREE THAT YOUR SOLE REMEDY IS REPAIR, REPLACEMENT, OR YOUR MONEY BACK, AS SPECIFIED BY THE PROVIDER OF SUCH PRODUCTS OR SERVICES.

We do not control any transactions directly between a Provider and a Member, if any. As a result, we do not set or endorse the price, contract terms, quality, safety, conformance or legality of the Provider products and services advertised or offered for sale on our Web Site, the ability of Providers to sell products or services or the ability of Members to buy products or services. We cannot and do not control whether Members will complete any purchase of products or services and we are not responsible for payment of collection from Providers, unless specified in a separate agreement with us for such ancillary services. THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE, AND USE OF THE SERVICE AND ANY PRODUCTS OR SERVICES FROM PROVIDERS IS WITH YOU.

SOME STATES AND/OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. INDEMNIFICATION

You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys' fees) resulting from your use of the Web Site and the Services, your breach of any provision of these Terms of Use and/or any intentional wrongdoing by you. Any such indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action, cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and (c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense at our own cost and expense.

OTHER PROVISIONS

We operate this Web Site from offices within the United States. Claims relating to these Terms of Use, the Web Site or the Services are governed by the internal substantive laws of the Commonwealth of Pennsylvania, without regard to its conflicts of laws provisions. If you choose to access this Web Site from outside of Pennsylvania, then you do so on your own initiative and are responsible for compliance with applicable local laws. You also submit to jurisdiction and venue in the state and federal courts located in the Commonwealth of Pennsylvania, Philadelphia County and further agree that any cause of action you may bring arising under these Terms of Use, the Web Site or the Services shall be brought by you exclusively in a state or federal court located in the Commonwealth of Pennsylvania, Philadelphia County.

These Terms of Use contain the entire understanding between you and us with respect to the Service and any of our services. No representations, statements or inducements, oral or written, not contained in these Terms of Use shall bind either of us. We will have the right at any time to change or modify these Terms of Use or to impose new conditions, including (but not limited to) adding fees and charges for use. You agree that in the event any portion of these Terms of Use are found to be unenforceable, the remainder of the Terms of Use shall remain in full force and effect. Should any part of these Terms of Use, for any reason, be declared unenforceable or invalid by a court of competent jurisdiction, under the laws of any jurisdiction where enforcement is sought, then (a) it shall be deemed severable from the remaining provisions and such determination shall not affect the validity of any other provision of these Terms of Use or the validity or enforceability of these Terms of Use; and (b) such determination shall not affect the enforcement or validity of such provision in any other jurisdiction. These Terms of Use shall be binding upon and inure to the benefit of each of us and our respective successors and permitted assigns.

CONTACT US

If you have questions or concerns about these Terms of Use, including our privacy and security policy, or want to tell us what a great job we are doing, you may contact us at: support@workarea.com or by calling 215-925-5993.