Workday Online Terms of Service

Last Updated: 8/1/2023

These Terms of Service (“Terms”) apply to your access to and use of (a) the website located at www.workday.com and all associated web pages, websites and corresponding social media pages, (b) any web pages, websites and corresponding social media pages (including all content therein) that directly reference these Terms, (c) the Community (as defined below), and (d) the Workday APIs (as defined below) ((a)-(d) collectively,  the “Sites”) provided by Workday, Inc., its subsidiaries and affiliates (each “Workday”, “we”, “us”  or “our”).

By checking a box agreeing to these Terms or by using our Sites, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 14. If you do not agree to these Terms, do not use our Sites.

We may supply different or additional terms, conditions, guidelines, policies, or rules in relation to some of our Sites or Workday products or services made available on or through our Sites (“Supplemental Terms”). Any Supplemental Terms become part of your agreement with us if you use the applicable Sites and are hereby incorporated herein, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict.  The Supplemental Terms include our:

  • Workday Community Terms (solely when you access or use the Community, as defined below)
  • Paid Offering Terms (solely when you access or use Paid Offerings (as defined below)
  • Workday API Terms (solely when you access or use the Workday APIs, as defined below)
  • Global Addendum (solely when you access or use the Sites outside of the United States)
  • Trademark Usage Guidelines
  • Notice and Takedown Policy

We may also make changes to these Terms from time to time.  The “Last Updated” legend above indicates when these Terms were last changed.  If we make future changes,  the updating of the date at the top of these Terms will serve as notice to you of the changes. It is your responsibility to check these Terms periodically for changes. Unless we say otherwise, the amended Terms will be effective immediately, and your continued use of our Sites will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Sites. 

1. Eligibility

You must be at least sixteen (16) years old to use our Sites.  If you use our Sites on behalf of another person or entity, (a) all references to “you” throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.  If you are a parent or legal guardian of a user under the age of 18 (or the age of legal majority), you will be fully responsible for the acts or omissions of such user in relation to our Sites.

2. Prohibited Conduct and Content

In connection with using our Sites, you will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Sites. This includes, but is not limited to, you agreeing you will not:

  • Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
  • Use or attempt to use another user’s account or information, share your log-in information, or otherwise allow any other person or entity to use your account, without authorization from that user and Workday;
  • Impersonate or post on behalf of any person or entity you are not authorized to represent, or otherwise misrepresent your affiliation with a person or entity;
  • Sell, resell or commercially use our Sites except where expressly permitted;
  • Copy, reproduce, distribute, publicly perform or publicly display all or portions of our Sites, except as expressly permitted by us or our licensors;
  • Modify our Sites, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Sites;
  • Use our Sites other than for their intended purpose;
  • Use our Sites in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Sites or the Workday Service or that could damage, disable, overburden or impair the functioning of our Sites or the Workday Service in any manner;
  • Use our Sites in any manner that, in our sole discretion, circumvents the ordinary use or operation of the Workday Service or Workday APIs, disrupts our pricing structure or ability to provide products, services or support to our customers, or directly competes with any Workday product or offering;
  • Reverse engineer any aspect of our Sites or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Sites;
  • Use any data mining, robots or similar data gathering or extraction methods designed to scrape or extract data from our Sites; 
  • Develop or use any applications that interact with our Sites without our prior written consent;
  • Send, distribute or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes;
  • Link to any online portion of the Sites in a manner that damages or exploits our reputation or suggests any form of association, approval, or endorsement by us;
  • Bypass or ignore instructions contained in our robots.txt file; or
  • Use our Sites for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

3. Ownership; Limited License

The Sites, including the text, graphics, images, photographs, videos, illustrations and other content contained therein, are owned by Workday or our licensors and are protected under both domestic and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Sites are reserved by us or our licensors. Subject to your compliance with these Terms, you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Sites for your own personal use. Any use of the Sites other than as specifically authorized herein, without our prior written permission, is strictly prohibited, will terminate the license granted herein and violate our intellectual property rights.

If you are a journalist, you may use all images available for download from the image gallery in the Workday Media Resources websites in professional publications to highlight Workday, its products and/or services.

4. Trademarks

WORKDAY and our logos, our product or service names, our slogans and the look and feel of the Sites are trademarks of Workday and may not be copied, imitated or used, in whole or in part, except with express permission and in accordance with our Trademark Usage Guidelines. All other trademarks, registered trademarks, product names and company names or logos mentioned on the Sites are the property of their respective owners. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by us.  

5. Repeat Infringer Policy; Copyright Complaints

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Sites infringes any copyright that you own or control, you may notify Workday’s designated agent in accordance with our Notice and Takedown Policy.

6. Accounts

You must provide accurate account information and promptly update this information if it changes, and you hereby agree to receive emails, SMS messages, and other types of communication from Workday using the email address or other contact information that you provide in connection with your account. You must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You may not share your account information or credential with any other person or entity, and may not permit any other person or entity to use your account information or credentials. You are solely responsible for all activity performed under your account. We reserve the right to reject, require that you change or reclaim usernames, including trademark rights, in those usernames. You agree that in the event of your death, incapacity or unavailability, we may terminate any rights to your account or User Content (as defined herein), as applicable.

7. Feedback

You may voluntarily post, submit or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials or other information about Workday or our Sites (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback or to improve or develop new products, services, or the Sites in Workday’s sole discretion. Workday will exclusively own all improvements to, or new, Workday products, services, or Sites based on any Feedback. You understand that Workday may treat Feedback as nonconfidential.

8. Third-Party Content

We may provide information about or links to third-party products, services, activities or events, or we may allow third parties to make their content and information available on or through the Sites (collectively, “Third-Party Content”). We may provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party. Workday does not control or endorse any Third-Party Content, and makes no representations or warranties regarding, any Third-Party Content, including the accuracy, validity, timeliness, completeness, reliability, integrity, quality, legality, usefulness or safety of Third-Party Content.  Your access to and use of such Third-Party Content is at your own risk and may be subject to additional terms, conditions, guidelines, policies, or rule (including terms of service or privacy policies of the providers of such Third-Party Content).

9. Credentialing

In Workday’s sole discretion, you may be offered credentials in the form of a digital badge and/or electronic certificate(s) in connection with your use of the Sites. You acknowledge and agree that the provision of such credentials does not constitute any contractual relationship or guarantee between the parties, including but not limited to an offer of employment by Workday or any other third party. Your use of any such credentials shall comply with the terms provided with such credential.

10. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend and hold harmless Workday and our subsidiaries and affiliates, and each of our and their respective officers, directors, agents, partners and employees (individually and collectively, the “Workday Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Sites or any content you provide thereon or therein; (b) sharing your login credentials for the Sites without Workday’s authorization; (c) your Feedback; (d) your violation of these Terms; (e) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (f) your conduct in connection with the Sites. You agree to promptly notify the Workday Parties of any Claims, cooperate with the Workday Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including attorneys' fees). You also agree that the Workday Parties will have control of the defense or settlement, at Workday's sole option, of any Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and any of the Workday Parties.

11. Disclaimers

Your use of our Sites is at your sole risk. Except as otherwise provided in a writing by us and to the fullest extent permitted under applicable law, our Sites and any content therein  are provided “as is” and “as available” without warranties of any kind, either express or implied. Workday disclaims all warranties with respect to the Sites and any content therein, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Workday does not represent or warrant that our Sites are accurate, complete, reliable, current, free of viruses or other harmful components or content, or error-free or that access to the Sites will be uninterrupted. You assume the entire risk as to the quality and performance of the Sites.

12.  Limitation of Liability

(a)   To the fullest extent permitted by applicable law, the Workday Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if Workday or the other Workday Parties have been advised of the possibility of such damages.

(b)   The total liability of the Workday Parties for any claim arising out of or relating to these Terms or our Sites, regardless of the form of the action, is limited to $100.

(c)   The limitations set forth in this Section 12 (Limitation of Liability) will not limit or exclude liability of the Workday Parties for any matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the limitations or exclusions of section 12(a) may not apply to you.

13.  Release

To the fullest extent permitted by applicable law, you forever release and discharge Workday and the other Workday Parties from any and all responsibility, liability, claims, demands, causes of action, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

14. Processing Data

For information about how we collect, use, share and otherwise process information about you, please see our Privacy Statement.  Our Privacy Statement does not constitute Supplemental Terms.

15. Promotions

Any sweepstakes, contests, raffles, surveys, games or similar promotions (collectively, “Promotions”) made available through the Sites may be governed by rules that are separate from these Terms. If you participate in any Promotions, please review the applicable rules, as well as please see our Privacy Statement. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern.

16. Governing Law; Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND WORKDAY TO ARBITRATE CERTAIN DISPUTES AND CLAIMS AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND WORKDAY FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND WORKDAY AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. WORKDAY AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

IF YOU ARE A CONSUMER (AS DEFINED BELOW), FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS. NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS ARE ALLOWED UNDER THIS ARBITRATION AGREEMENT.

(a)   Informal Dispute Resolution Prior to Arbitration.  For any dispute or claim that you have against Workday, that Workday has against you or that you have, or Workday has, in each case relating in any way to these Terms or the Sites, or any aspect of the relationship between you and Workday as relates to these Terms or the Sites (collectively, “Claims” and each a “Claim”), you and Workday agree to attempt to first resolve the Claim informally via the following process. If you assert a Claim against Workday, you will first contact Workday by sending a written notice of your Claim (“Claimant Notice”) to Workday, attention of the General Counsel, by certified mail addressed to the appropriate address identified below with a copy sent by email to legal@workday.com. The Claimant Notice must (i) include your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought. If Workday asserts a Claim against you, Workday will first contact you by sending a written notice of Workday’s Claim (“Workday Notice”) to you via email to the primary email address associated with your Account. The Workday Notice must (i) include the name of a Workday contact and the contact’s email address and telephone number; (ii) describe the nature and basis of the Claim; and (iii) set forth the specific relief sought.  If you and Workday cannot reach an agreement to resolve the Claim within thirty (30) days after you or Workday receives such a Notice, then either party may submit the Claim to binding arbitration as set forth below. The statute of limitations and any filing fee deadlines shall be tolled for thirty (30) days from the date that either you or Workday first send a Claimant Notice or a Workday Notice, so that the parties can engage in this informal dispute-resolution process.

Workday Mailing addresses for Claimant Notice

For users accessing the Sites from the United States:

6110 Stoneridge Mall Road
Pleasanton, CA 94588

For users accessing the Sites from outside the United States (except Australia):

Kings Building
152-155 Church Street
Dublin 7
D07 AOTN
Ireland

For users accessing the Sites from Australia:

Level 12
100 Pacific Highway
North Sydney
NSW 2060
Australia

(b)   Claims Subject to Binding Arbitration; Exceptions.  Except for (i) small claims disputes in which you or Workday seek to bring an individual action in small claims court located in the county of your billing address or (ii) any disputes exclusively related to the intellectual property or intellectual property rights of you or Workday, including any disputes in which you or Workday seek injunctive or other equitable relief for the alleged unlawful use of your or Workday’s intellectual property or other infringement of your or Workday’s intellectual property rights (“IP Claims”), all Claims, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 14(a) will be resolved by a neutral arbitrator through final and binding arbitration instead of in a court by a judge or jury. Such Claims include, without limitation, disputes arising out of or relating to interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of the arbitration provision or any portion of the arbitration provision. The arbitrator will have the authority to grant any remedy or relief that would otherwise be available in court.

(c)   Federal Arbitration Act.  These Terms affect interstate commerce, and the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the extent permitted by law. As limited by the FAA, these Terms, and the AAA Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.

(d)  Arbitration Procedure (Consumers and Businesses).  All Claims must be submitted to the American Arbitration Association (the “AAA”) and will be resolved through binding arbitration before one arbitrator. The AAA administers arbitration pursuant to the due process standards set forth by the AAA and rules set forth by the AAA.  Such rules differ if you are a consumer or a business as further described below:

●      If you are an individual using the Sites for your personal or household use, you are a “Consumer”, and the then-current version of the AAA’s Consumer Arbitration Rules, which are available on the AAA’s website (adr.org), as amended by these Terms as follows, will apply to any arbitration between you and Workday:

1.  YOU AND WORKDAY AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND WORKDAY ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION. The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated claims are asserted against Workday or you by the same or coordinated counsel, may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.

2. For any arbitration you initiate, you will pay the consumer filing fee, and Workday will pay the remaining AAA fees and costs. For any arbitration initiated by Workday, Workday will pay all AAA fees and costs.

3. For all arbitrations where the Claims asserted are $25,000 or less, the arbitration shall be resolved according to the AAA’s Procedures for the Resolution of Disputes through Document Submission, and for all other arbitrations the following procedure will apply: (i) the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by you or by us that an in-person hearing is appropriate; (ii) any in-person appearances will be held at a location that is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, and (iii) if the parties are unable to agree on a location, such determination will be made by the AAA or by the arbitrator.

4. If you or Workday submits a dispute to arbitration and the arbitrator orders any exchange of information, you and Workday agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and Workday agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration. 

5. In addition, the provisions of Federal Rule of Civil Procedure shall apply and be enforced by the arbitrator.

6. The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

7. The  AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar claims are asserted against Workday or against you by the same or coordinated counsel or are otherwise coordinated. In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and Workday understand and agree that, when twenty-five (25) or more similar claims are asserted against Workday or you by the same or coordinated counsel or are otherwise coordinated, resolution of your or Workday’s Claim might be delayed. For such coordinated actions, you and Workday also agree to the following coordinated bellwether process:

●  Counsel for the claimants and counsel for Workday shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings. The remaining cases shall be deemed filed for purposes of the statute of limitations but not for the purpose of assessing AAA fees. No AAA fees shall be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings.

●  A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.

●  This bellweather process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved.

●  The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this bellweather process from the time the first cases are selected for a bellwether process until the time your or Workday’s case is selected for a bellwether process, withdrawn, or otherwise resolved.

●  A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Workday or you.    

●      If you are NOT a “Consumer” (as defined above), you are a “Business” and the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures, which are available on the AAA’s website (adr.org), as amended by these Terms as follows, will apply to any arbitration between you and Workday:

1. YOU AND WORKDAY AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED, AND YOU AND WORKDAY ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION.  The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated claims are asserted against Workday or you by the same or coordinated counsel, may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding, or preside over any proceeding involving more than one individual.

2. Any in-person appearances will be held in Alameda County, California, U.S.A.

3. The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual claim before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof. Notwithstanding any of the foregoing, nothing in these Terms will preclude you from bringing issues to the attention of federal, state or local agencies and, if the law allows, they can seek relief against us for you.

4. You and Workday agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and/or other materials that might be exchanged or the subject of discovery in the arbitration. You and Workday agree to seek such protection before any such information, documents, testimony, and/or materials are exchanged or otherwise become the subject of discovery in the arbitration. 

5. In addition, the provisions of Federal Rule of Civil Procedure 68 shall apply and be enforced by the arbitrator.

6. The  AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule will apply if twenty-five (25) or more similar claims are asserted against Workday or against you by the same or coordinated counsel or are otherwise coordinated. In addition to the application of the AAA Supplementary Rules for Multiple Case Filings and the AAA Multiple Consumer Case Filing Fee Schedule, you and Workday understand and agree that, when twenty-five (25) or more similar claims are asserted against Workday or you by the same or coordinated counsel or are otherwise coordinated, resolution of your or Workday’s Claim might be delayed. For such coordinated actions, you and Workday also agree to the following coordinated bellwether process:

●  Counsel for the claimants and counsel for Workday shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings . The remaining cases shall be deemed filed for purposes of the statute of limitations but not for the purpose of assessing AAA fees. No AAA fees shall be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings.

●  A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise.

●  This bellweather process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved.

●  The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this bellweather process from the time the first cases are selected for a bellwether process until the time your or Workday’s case is selected for a bellwether process, withdrawn, or otherwise resolved.

●  A court shall have authority to enforce this paragraph and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against Workday or you.

(e)   One Year to Assert Claims. To the extent permitted by law, any Claim or dispute by you or Workday arising out of or related to these Terms or the Sites, or any aspect of the relationship between you and Workday as relates to your use of the Sites, in each case other than IP Claims, must be filed within one year after such Claim or dispute arose; otherwise, the claim is permanently barred, which means that you and Workday will not have the right to assert the claim.

(f)    Opting Out of Arbitration (Consumers Only).  You have the right to opt out of binding arbitration within 30 days of the date you first accepted these Terms by providing us notice of your opt-out via email at legal@workday.com. In order to be effective, the opt-out notice must include your full name, and mailing address, and email address and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 15.

(g)   Rejection of Future Arbitration Changes.  You may reject any change we make to Section 14 (except address changes) by personally signing and sending us notice within 30 days of the change via email at legal@workday.com. If you do, the most recent version of Section 14 before the change you rejected will apply.

(h)  Severability.  If any portion of this Section 14 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 14 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 14; and (iii) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section will be enforceable.

17. Governing Law

Any dispute arising from these Terms and your use of the Sites will be governed by and construed and enforced in accordance with the laws of the State of California, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any dispute between the parties is not subject to arbitration or cannot be heard in small claims court, then the state and federal courts located in Alameda County, California, will have exclusive jurisdiction. You and Workday waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you (but only to the extent that local law conflicts with this section).

18. Modifying and Terminating Our Sites

Unless otherwise stated, we reserve the right to modify our Sites or to suspend or stop providing all or portions of our Sites at any time or to charge, modify or waive any fees required to use the Sites. You also have the right to stop using our Sites at any time. We are not responsible for any loss or harm related to your inability to access or use our Sites.

19.  Severability

If any provision or part of a provision of these Terms is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

20. Export Control

You are responsible for complying with the export laws and regulations of the United States and other applicable jurisdictions. Without limiting the generality of the foregoing, you represent, warrant, and covenant that you are not: (1) located in, or a resident or a national of, any country subject to a U.S. government embargo; (2) listed on any U.S. government list of prohibited or restricted parties; or (3) engaged in activities directly or indirectly related to proliferation of weapons of mass destruction.

21. Miscellaneous

(a)   The failure of Workday to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms (including any Supplemental Terms) reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. You agree that communications and transactions between us may be conducted electronically..

(b)   If you have a question or complaint regarding the Sites, please contact us. Please note that e-mail communications will not necessarily be secure; accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us. Further, under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1 (800) 952-5210.

Supplemental Terms

The following are Supplemental Terms (as defined in the Workday Online Terms of Service) and apply together with the Workday Online Terms of Service to your access and use of certain Sites or Workday products or services made available on or though the Sites. Capitalized terms used in these Supplemental Terms which are not otherwise defined have the meanings given to them in the Workday Online Terms of Service.

1. Workday Community Terms

The following terms (the “Workday Community Terms”) apply solely to access to and use of the Workday Community and all associated services, webpages, and websites (“Community”).

(a)  Eligibility. If you use our Community on behalf of another person or entity, (i) all references to “you” throughout these Community Terms will include that person or entity, (ii) you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and (iii) in the event you or the person or entity violates these Community Terms, the person or entity agrees to be responsible to us.

(b)  User Content.  Our Community may allow you and other users to create, post, store and share content, including messages, text, photos, videos, software and other materials (collectively, “User Content”), and you may make available certain User Content through or in connection our interactive Community, such as message boards and other forums, and chatting, commenting and other messaging functionality. Except for the license you grant below, as between you and Workday, you retain all rights in and to your User Content, excluding any portion of the Sites included in your User Content.  

i. You grant Workday and its subsidiaries and affiliates a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sublicensable (through multiple tiers) license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and exploit your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you or any third party. When you post or otherwise share User Content on or through our Community, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. Workday has no control over and is not responsible for any use or misuse (including any distribution) by any third party of User Content. If you choose to make any of your personally identifiable or other information publicly available through the Community, you do so at your own risk.

ii. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.

iii. You may also post or otherwise share only User Content that is nonconfidential and that you have all necessary rights to disclose. You may not create, post, store or share any User Content for which you do not have all rights necessary to grant us the license described above or that:

▪ Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory or fraudulent;

▪  Would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;

▪  May infringe any patent, trademark, trade secret, copyright, moral right or other intellectual or proprietary right of any party;

▪  Contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;

▪  Impersonates, or misrepresents your affiliation with, any person or entity;

▪  Contains any unsolicited promotions, political campaigning, advertising or solicitations;

▪  Contains any private or personal information of a third party without such third party’s consent or contains your private or personal information;

▪  Contains any malware, viruses, corrupted data or other harmful, disruptive or destructive files or content; or

▪  In our sole judgment, is objectionable, restricts or inhibits any other person from using or enjoying our Community, or may expose Workday or others to any harm or liability of any type.

iv.  Enforcement of this Section 1(c) is solely at Workday’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances. In addition, this Section 1(c) does not create any private right of action on the part of any third party or any reasonable expectation that the Community will not contain any content that is prohibited by such rules or that objectionable material will be promptly removed after it has been posted. 

v. We do not undertake to review all User Content, and we expressly disclaim any duty or obligation to undertake any monitoring or review of any User Content. Although we have no obligation to screen, edit or monitor User Content, we may:

▪ delete or remove User Content or refuse to post any User Content at any time and for any reason with or without notice, including without limitation for any violations of applicable law or these Terms;

▪ terminate or suspend your access to all or part of the Community if your User Content violates applicable law or these Terms;

▪ take any action with respect to your User Content that is necessary or appropriate, in Workday’s sole discretion, to ensure compliance with applicable law and these Terms or to protect any third-party rights, including third-party intellectual property and privacy rights (e.g., providing information regarding you to copyright owners in furtherance of Digital Millennium Copyright Act takedown requests); and

▪ cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Community.

(c)   Confidentiality. Workday may provide to you certain information that (a) is marked or declared “Confidential” or “Proprietary” or in some other manner to indicate its confidential nature or (b) based upon the facts and circumstances of the disclosure, is information that a reasonable person would consider confidential or proprietary (“Confidential Information”).  “Confidential Information” does not include any information that (i) was publicly available prior to the time of disclosure by Workday, (ii) becomes publicly available after disclosure by Workday to you through no action or inaction by you, (iii) is already in the lawful possession of you at the time of disclosure, (iv) is obtained by you from a third party without a breach of such third party’s obligations of confidentiality, or (v) is independently developed by you without use of or reference to Workday’s Confidential Information. You will use Workday’s Confidential Information only as necessary to use the Services provided under these Terms and will use reasonable care to protect Workday’s Confidential Information from being disclosed to persons other than, as applicable, your employees, affiliates, contractors, agents, or professional advisors who need to know it and who have a legal obligation to keep it confidential. Your disclosure of Workday’s Confidential Information pursuant to law or a judicial or administrative order will not be deemed to be a breach of this Agreement, if you (A) provide timely written notice of such disclosure requirement to Workday (if permitted to do so under applicable law), and (B) reasonably cooperate, at your expense, with Workday’s efforts to limit the scope of such disclosure.

2.  Paid Offering Terms

The following terms (the “Paid Offerings Terms”) are Supplemental Terms and apply solely to products or services that are made available for purchase through our Sites (“Paid Offerings”):

(a)   Transactions. By purchasing a Paid Offering through our Sites (a “Transaction”), you represent that the applicable Paid Offerings will be used only in a lawful manner.

(b)   Eligibility. To complete your purchase, you must have a valid billing and shipping address within a country that can be selected for the billing and shipping addresses as part of the checkout process on the Sites (the “Territory”). We make no promise that Paid Offerings available on the Sites are appropriate or available for use in locations outside the Territory.

(c)   Restrictions. You may only purchase Paid Offerings for personal use by either yourself or your intended recipient of the Paid Offerings. The Paid Offerings are not authorized for resale. We may place a limit on the quantities that may be purchased per order, per account, per payment card, per person, or per household. We reserve the right, without prior notice, to refuse service to any customer or reject any order at any time and refund any money you have paid for such order.

(d)   Paid Offering Listings. We may make available listings, descriptions and images of our Paid Offerings or related coupons or discounts through our Sites (“Listings”). We attempt to ensure that any such Listings are complete, accurate, and current, but despite our efforts, the Listings may occasionally be inaccurate, incomplete, or out of date. We make no representations as to the completeness, accuracy, reliability, validity or timeliness of any Listings (including any features, specifications and prices contained therein). The Listings and the availability of any Paid Offering (including the validity of any coupon or discount) are subject to change at any time without notice.

(e)   Price. Prices shown on the Sites exclude all taxes, as applicable. Applicable taxes will be added to the amount of your purchase and itemized on the check-out page. You will have an opportunity to review taxes and delivery costs before you confirm your purchase. All prices on the Sites are subject to change at any time without notice.

(f)   Payment. If you wish to make a Transaction, you may be asked to supply certain relevant information to us or our payment processors, such as your payment card number and its expiration date, your billing address and your shipping information. You represent and warrant that you have the right to use any payment card that you submit in connection with a transaction. By submitting such information to us, as applicable, you grant to us the right to provide such information to third parties for purposes of facilitating Transactions. Verification of information may be required prior to the acknowledgment or completion of any Transaction. You agree to pay all charges incurred by you or on your behalf through the Services, at the prices in effect when such charges are incurred, including all taxes and shipping and handling charges applicable to your Transactions. In the event legal action is necessary to collect on balances due, you will reimburse us and our vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses. Notwithstanding any amounts owed to Workday hereunder, Workday does not process payment for any products or services. To facilitate payment for the Paid Offering via payment card, we use payment processors.

(g)   Order Confirmation; Acceptance. You will have the opportunity to review and confirm your order, including delivery address, payment method, and other details of your order. We will display or send a notice when we ultimately accept your order, and our acceptance will be complete at the time we display or send the formal acceptance notice. Payment must be received by us before our acceptance of an order.

(h)   Order Delays; Cancellation. We reserve the right to delay, refuse or cancel any order prior to your use of the Paid Offering. For example, if there are errors on the Site or made in connection with your order, inaccuracies in Paid Offering or pricing information or Paid Offering availability, we reserve the right to correct the error and charge you the correct price or cancel your order. We will contact you if any portion of your order is canceled or if additional information is required to accept your order.

(i)   Refunds, Returns, and Exchanges. All sales are final. Requests for refunds will be reviewed by Workday and granted in Workday’s sole discretion, except where prohibited by law. Any refunds granted will be made to the same method of payment and account used to place the order. We do not currently provide for returns or exchanges.

(j)   Reservation of Rights. Workday reserves the right, including without prior notice, to limit the available quantity of or discontinue making available any Paid Offering; to impose conditions on the honoring of any coupon, discount or similar promotion; to bar any user from making any Transaction; alter the payment option for Paid Offerings; and to refuse to provide any user with any Paid Offering.

3. Workday API Terms

If Workday makes application programming interfaces available to you on or through the Sites (the “Workday APIs”) without a separate license agreement, your use of any Workday APIs is governed by the Terms and these Supplemental Terms (the “Workday API Terms”). Workday hereby grants you a non-exclusive, non-sublicensable, non-transferable limited license to use the Workday APIs exclusively for the benefit of Workday customers. You assume all liability as a result of any use of the Workday APIs. Workday makes no commitment to continued availability of Workday APIs and you have no rights to version enhancement or support of any kind. Workday may revise or cease to provide Workday APIs without notice at any time in Workday's sole discretion. NOTWITHSTANDING THE FOREGOING, COPYING OR REPRODUCTION OF THE WORKDAY APIS FOR FURTHER REDISTRIBUTION IS EXPRESSLY PROHIBITED.  Any use of the Workday APIs other than as specifically authorized herein is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights.

4. Global Addendum

If you are in a country that provides consumer guarantees or imposes obligations on us which cannot be excluded, restricted or modified by applicable law, or may be so only to a limited extent, then nothing in the Terms is intended to exclude, restrict or modify such mandatory guarantees or obligations. Without limiting the foregoing, if you are in a country where any provision of these Terms are illegal or unenforceable, or unlawful for any reason, including but not limited to by statute or because such provision is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms.

If you reside outside of the United States in one of the countries listed below (each an “Applicable Country”) and the Sites were offered to you in an Applicable Country, please review this Global Addendum for special provisions applicable to your use of the Sites in the Applicable Country (“Special Provisions”). In the event of a conflict between the Special Provisions and other provisions of the Terms, the provisions of the Special Provisions control. By accessing or using the Sites, you also agree to be bound by the applicable Special Provisions. All capitalized terms not defined in this Global Addendum shall have the meaning given to them in the Terms. Applicable Countries:

  • European Union

The following provisions apply to you if you reside in an Applicable Country:

(a)  Binding Arbitration; No Class Action.  Notwithstanding anything to the contrary in the Terms, you may bring legal proceedings regarding the Terms either by following the arbitration procedure detailed in Section 16 the Terms or, if given the right by applicable law, by submitting the dispute to an arbitration administrator in the country in which you reside. To the extent any proceeding is not subject to arbitration under applicable law, you may submit the dispute to the courts of the country in which you reside.

(b)  Governing Law.  If you are an individual consumer in an Applicable Country that requires consumer contracts to be governed by the laws of the Applicable Country, the Terms will be governed by the laws of the Applicable Country, to the extent required by local law.  If you are an individual consumer in an Applicable Country that does not require that consumer contracts be governed by the laws of the Applicable Country, the Terms will be governed by laws of the State of California in accordance with Section 17 of the Terms.

(c)  Indemnification.  If required by applicable law, Section 10 (Indemnification) of the Terms does not apply if you are not responsible (with at least slight negligence) for the indemnified event, breach or damage.

The following provisions apply to you if you reside in the European Union (the “EU”) and the Sites were offered to you in the EU, notwithstanding anything to the contrary in the Terms:

(a)  Software.  Software is subject to the Terms only if we have notified you about the applicable Terms at time of contract conclusion and you have the possibility to access the applicable Terms.

(b)  Feedback.  You do not waive your moral rights in any Feedback.

(c)  Termination by Workday.  Workday may terminate the Terms in case of material or repeated failure to comply with the provision of the Terms. Before any termination for your breach, we will give you a reasonable warning or cure period, except if the nature of the breach justifies immediate termination, taking into account both your and our legitimate interests. We may however temporarily suspend and/or restrict your account in the event of other breaches if the suspension and/or restriction is proportional to the severity of the breach, also taking into account any prior breaches.

(d)  Disclaimers.  If we fail to supply a digital content or digital service we owe you, or that digital content or digital service is not in conformity with the contract, your statutory rights are unaffected, except that we will owe damages only to the extent set forth in the Terms and this Global Addendum.

(e)  Limitation on Liability.  We do not limit our statutory liability for intent, gross negligence, injuries to life, limb and/or health, to the extent we have granted a guarantee (which must be expressly designated as such to be a guarantee in the legal sense), and under mandatory product liability law. In other cases, our liability for slightly negligent breaches of essential contractual obligations is limited to the typical and foreseeable damage. Essential contractual obligations are obligations that must be performed in order to achieve the purpose of the contract in the first place, and on the performance of which you may therefore generally rely. Other than in the cases described above, we are not liable for slight negligence.

(f)  Language.  The Terms are translated into Dutch, French, German, Italian, Japanese, Korean, and Spanish for convenience, but the English version shall be the governing version.

 

 

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