Employerscenter.com
TERMS AND CONDITIONS OF USE
Effective: 7/13/2017
DEFINITIONS
“us”, “we”, or “our”- is in reference to Employerscenter.com and the owner(s) thereof.
“Member”- is a person(s) who have registered with Employerscenter.com to use the services of Employercenters.com
“Visitor”- someone that is not a member and downloads or copies our free documents, software and information.
“User”- general term that encompasses both Visitor and Member
“Content”- All text, information, graphics, design, and data on or through Employerscenter.com. This includes content produced by our Members (“Member Content”)
WEBSITE TERMS OF USE AND LICENSE AGREEMENT
This web page represents a legal document and is the Terms of Use (Agreement) for this website and the content herein. By using this website, you agree to fully comply with and be bound by this Agreement each and every time you use this Website. Please read the following terms and conditions carefully.
MEMBERSHIP AND USE ELIGIBILITY
To become a member of Employerscenter.com or to use this Website, you must be 18 years of age or older. Any registration by, or use of Employerscenter.com by any person under the age of 18 is in violation of these terms of use and conditions of membership. By using Emplyerscenter.com you represent and warrant that you are at least 18 years of age and agree to abide by all of the terms and conditions of this Agreement. Employerscenter.com has the sole right and discretion to determine which membership registration to accept or reject and may reject any application with or without any explanation.
If your membership application is accepted you will receive a password that will allow you to access the service provided by Employerscenter.com. Maintaining the confidentiality of the password is the sole responsibility of the member.
LICENSE AGREEMENT FOR SOFTWARE, DOCUMENTS, AND FORMS
All software, documents, forms, and all other content available to you on or through Employerscenter.com are the intellectual property of Employerscenter.com.
You may under this Licensing Agreement
- You may use the website blog privacy policies, terms and conditions, disclaimers and disclosures, on up to five (5) websites and or blogs, if you wish to wish to use these items on more than five (5) websites or blogs, you must contact us for an extended license or you will be subject to all remedies available in equity or at law available to Employerscenter.com.
- You may use any of the Software, Documents, and Forms on up to three (3) computers provided the computers are owned by the original purchaser of the Software, Documents, and Forms. You are further allowed to make one copy of the Software, Documents, and Forms for backup purposes. Employerscenter.com grants to you a non-exclusive, non-transferable, revocable license to access and use Emploerscenter.com and our services strictly in accordance with this Agreement.
You may NOT under this Licensing Agreement:
- Copy the Software, Documents, and Forms except as specifically provided above
- Transfer the ownership of, or allow a third party to use the Software, Documents, and Forms
- Disassemble or create derivative works from our Software, Documents, and Forms, nor assert or attempt to claim any intellectual property rights in any such modification or improvement of Employerscenter.com intellectual property.
- Republish, sell, distribute, upload, or post Employerscenter.com Software, Documents, and forms to another website or blog.
- Our documents may not be duplicated in any way without our express written permission or an extended license agreement that speaks to the expanded licensing for your specific use.
- Remove our copyright notice on our Forms and Documents without the express written consent of Employerscenter.com.
- Use a print out or electronic version of any part of Employerscenter.com or used by you in any litigation or arbitration matter under ANY circumstances.
YOU ACKNOWLEDGE AND AGREE THAT ALL SOFTWARE, DOCUMENTS, FORMS, AND ANY OTHER INTELLECTUAL PROPERTY PROVIDED IN OR THROUGH EMPLOYERSCENTER.COM ARE PROTECTED BY COPYRIGHTS, TRADEMARKS, SERVICE MARKS, TRADE SECRETS AND OTHER RIGHTS IN LAW AND EQUITY, IN THE UNITED STATES AND INTERNATIONALLY
ANY VIOLATION OF THE PROVISIONS WILL AUTOMATICALLY REVOKE THIS LICENSING AGREEMENT COULD SUBJECT YOU TO LEGAL LIABILITY.
NOTICE TO ATTORNEYS
If you are a licensed attorney, you may not Employerscenter.com documents, neither modified nor improved, for sale to anyone. However, you may use and edit Employerscenter.com documents or parts thereof to provide a customized document for an individual client.
ACCEPTANCE OF AGREEMENT
This Agreement is between you and Employerscenter.com.
THIS AGREEMENT CONTAINS DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT EMPLOYERSCENTER.COM LIABILITY TO YOU. READ THESE TERMS AND CONDITIONS CAREFULLY. USING, ACCESSING, OR BROWSING CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS IN THEIR ENTIRETY, YOU MUST EXIT OUR WEBSITE IMMEDIATELY AND YOU ARE NOT PERMITTED TO USE, ACCESS, OR BROWSE WITHOUT FIRST EXCEPTING THESE TERMS AND CONDITIONS IN THEIR ENTIRETY.
AGREEMENT IN ENTIRETY
This agreement constitutes the entire agreement between you and Employerscenter.com, and supersedes any and all other Agreements, representations, warranties and understandings with respect to our Website, Services, and the subject matter contained herein.
You may also be required to agree to additional terms and conditions at the discretion of Employerscenter.com. Those additional terms and conditions will be incorporated into this Agreement unless stated otherwise.
ARIBITRATION
Any legal controversy or claim arising out of or relating to this Agreement and/or service shall be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any applicable controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated.
Any legal action taken by Employerscenter.com to collect or recover damages for, or obtain any injunction relating to, website operations, intellectual property, and the service that Employerscenter.com provides are EXCLUDED from this arbitration agreement.
Any arbitration shall be conducted in Las Vegas, Nevada and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either Employerscenter.com or you may seek any interim or preliminary relief from a court of competent jurisdiction in Las Vegas, Nevada necessary to protect the rights and/or property respectively pending the completion of arbitration. Arbitration fees and costs shall be split equally between the parties.
CHOICE OF LAW AND JURISDICTION
This Agreement shall be treated as though it were executed and performed in Clark County, Nevada, and shall be governed by and construed in accordance with the laws of the State of Nevada without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to Employerscenter.com Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived an barred.
INDEMNIFICATION
You agree to indemnify, defend, and hold Employerscenter.com and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of Employerscenter.com or Services.
USE AND ASSUMPTION OF RISK
Employersystems.com strongly suggests that before using any of our business or legal forms that you should consult with your own attorney. Business and legal forms are best when they are customized to each individuals specific needs by an attorney in the individuals own state or jurisdiction. There is no substitute to replace an attorney’s advice or skill in drafting a form tailored to your specific needs.
If any user has any questions about how the business or legal forms may apply to their situation and wants assurances that these or other forms are appropriate for their use, they should consult an Attorney or other business professional in that state. Be advised, laws can and do change regularly.
These forms and information are provided with the understanding that neither the author, seller, nor publisher is engaged in rendering any legal, business, or financial advice to the purchaser or to anyone else in the general public. Employerscenter.com is not a law firm and does not provide legal advice. The user acknowledges that the creator, author, or reviewer, if any, of any information or form is not acting as the users Attorney, and that the user of any information on Employerscenter.com is representing themselves. No Attorney-client relationship exists.
Although our best efforts are given to make sure our forms are up to date and accurate. Employerscenter.com does not and cannot guarantee that all the information that is provided is always correct, complete, or up-to-date.
By purchasing any of our business or legal forms user agrees to and is knowingly assuming any and all risk associated with using these forms.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE FORMS AND INFORMATION ON THIS SITE IS PROVIDED “AS IS” AND WITH ALL FAULTS AND EMPLOYERSCENTER.COM MAKES NO PROMISES, REPRESENTATIONS, OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE FORMS AND INFORMATION, INCUDING BUT NOT LIMITED TO ITS CONDITIONING, ITS CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTANCE OF ANY LATENT OR PATENT DEFECTS, EMPLOYERSCENTER.COM SPECIFICALLY DISCLAIMS ALL IMPLIED (IF ANY) WARRNTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, LACK OF VIRUSES, ACCURACY OR COMPLETENESS, QUIET ENJOYMENT, AND QUIET POSSESSION. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE FORMS AND INFORMATION LIES WITH THE USER ALONE.
TO THE MAXIMUM EXTENT PERMITTED BY THE LAW, IN NO EVENT SHALL EMPLOYERSCENTER.COM OR ITS SUPLIERS BE LIABLE FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, INDIRECT, OR EXEMPLARY DAMAGES WHATSOEVER ARISING OUT OF OR IN ANAY WAY RELATING TO THIS AGREEMENT OR USE OF OR INABILITY TO USE THE FORMS AND INFORMATION, OR THE PROVISION OR FAILURE TO PROVIDE SUPORT SERVICES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, FAILURE TO MEET ANY DUTY (INCLUDING OF GOOD FAITH OR REASONABLE CARE), NEGLIGENCE, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER CLAIM FOR PECUNIARY OR OTHER LOSS WHATSOEVER, OR FOR ANY CLAIM OR DEMAND AGAINST USER BY ANY OTHER PARTY, EVEN IF EMPLOERSCENTER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
NOTWITHSTANDING ANY DAMAGES USER MAY INCUR FOR ANY REASON WHATSOEVER (INCLUDING WITHOUT LIMITATION, ALL DAMAGES REFERENCED ABOVE AND ALL DIRECT OR GENERAL DAMAGES), THE ENTIRE LIABILITY OF EMPLOYERSCENTER.COM AND ANY OF ITS SUPPLIERS UNDER ANY PROVISION OF THIS AGREEMENT AND YOUR EXCLUSIVVE REMEDY FOR ALL OF THE FOREGOING SHALLE BE LIMITED TO THE GREATER OF THE AMOUNT ACTUALLY PAID FOR THE FORMS AND INFORMATION OR $1 USD. THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
MERCHANT-CONSUMER RELATIONSHIP
This Agreement in no way creates any agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and Employerscenter.com.
INTELLECTUAL PROPPERTY
Employerscenter.com may contain our service marks or trademarks as well as those of our affiliates or other companies. These marks may be in the form of words, graphics, and logos. Your use of the Website or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of Employerscenter.com. Our content, on our Website is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any the content found on or through Employerscenter.com, is strictly prohibited. Your use of Employerscenter.com and Services does not grant you any ownership rights whatsoever to the Content therein.
CONTENT DISCLAIMER
Any opinions expressed on Employerscenter.com are not necessarily the opinions of Employerscenter.com. The Content may be changed without notice and is not guaranteed to be complete, correct, timely, current or up to date. User is on notice that the Content may become out-of-date. We undertake no obligation to update any Content on our Website. Member-Users of Employercenter.com are responsible for their own content, where applicable, and may update their content at any time without notice and at their sole discretion. Employerscenter.com expressly reserves the right to make alterations or deletions to the Content at any time without notice.
ERRORS, CORRECTIONS AND CHANGES
Employerscenter.com does not represent or warrant that the Website or any content therein will be error-free, free from viruses or other harmful components, or that we will correct any errors. Further, we do not represent or otherwise warrant that the information available on or through our Website will be correct, accurate, timely or otherwise reliable. We can and will make changes to the features, functionally or content of our Website or Service at any time at our sole discretion. We further reserve the right in our sole discretion to edit or remove any and all Content appearing on or through Employerscenter.com
DISCLAIMER FOR FINANCIAL, LEGAL, AND OTHER
User hereby acknowledge that nothing contained in our Website shall constitute financial, investment, legal and/or other professional advice and that not professional relationship of any kind is created between you and Employerscenter.com or our Members. User hereby agrees that you shall not make any financial, investment, legal and/or other decision based in whole or in part on anything contained in our Website or Services.
MERCHANT AND ADVERTISEMENT DISCLAIMER
We may allow access to or advertise certain third-party products or service providers (“Merchants”) from which you may purchase certain goods or services. User understands that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transaction entered into between you and Merchants. User agrees that use of or purchase from such Merchant is:
AT THE SOLE RISK OF THE USER AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED, OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT. WE ARE NOT LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT WEVSITES OR ANY OTHER WEBSTE LINKED TO EMPLOERSCENTER.COM.
The relationship between Employerscenter.com and Merchant is solely that of independent contractors, and neither party has authority to make any representations or commitments on behalf of the other. When on Merchants websites, Merchant’s terms and conditions apply and Employerscenter.com bears no responsibility or duty for any Merchant’s site. User uses Merchant site at your own risk.
WARRANTY DISCLAIMER
Employerscenter.com is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Members of our Website, or by Employerscenter.com. Although we provide rules for Member conduct and postings, we do not control the free will and are not responsible for what Members choose to post, transmit, or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on our Website or Services. Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. Employerscenter.com assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Member communications.
Employerscenter.com is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or any combination thereof, including injury or damage to Member’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the Website or Services, including without limitation any software provided on or through Employerscenter.com or Services.
Under no circumstances will Employercenters.com be responsible for any loss or damage, including any loss or damage or personal injury or death, resulting from anyone’s use of our Website or Services, or any interaction between Users of our Website or Services, whether online and/or offline. Employercenters.com reserves the sole and unrestricted right to change any and all Content, software and other items used or contained in our Website or Services, at any time without notice. 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 thereof, or any affiliation therewith, by our Website, by third parties or by any of the equipment or programming associated with or utilized by our Services.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH EMPLOYERSCENTER.COM ARE PROVIDED “AS-IS,” “AS AVAILABLE,” WITH “ALL FAULTS,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN “BUGS,” ERRORS PROBLEMS OR OTHER LIMITATIONS. EMPLOYERSCENTER.COM, INCLUDING ALL OF OUR AFFILIATES, HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. EMPLOYERSCENTER.COM CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. EMPLOYERSCENTER.COM DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, OUR SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS LISTER HEREIN ARE FREE OF VIRUSES OR OTHER HARMFIL COMPONENTS.
YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES OR OTHER MALWARE. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITTE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE, AS WELL AS ALL OF OUR AFFILIATES, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAMGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE). WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND EMPLOYERSCENTER.COM. OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
LIMITAITON OF LIABILITY
Employerscenter.com, as well as all our Affiliates, shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from any errors in or omissions from our Website or Services, any product liability issues to the extent since we are not involved with the manufacturer of the product, the unavailability or interruption of our Website or Services, Users use of Employerscenter.com or the Content therein, or any delay or failure in performance of our Website and Services that are beyond our immediate control.
REFUNDS
Single business and legal forms are backed by a 100% money-back guarantee if they do not accomplish the task they were designed for when properly filled out. Requests for refunds need to be made within 30 days from the date of purchase.
Employee handbook packages, employer’s packages, business protection packages, business sale package, employee termination package, website protection and compliance package(s) and all software programs are limited to a 50% refund.
Business forms, legal forms and software that are downloaded from this website and ready for immediate use, will not be issued a refund should the customer request a refund before making a reasonable attempt to use the forms for the specific purpose they were designed for.
Business or legal forms that are downloaded from this website and ready for immediate use, will not be issued a refund. Should the customer request a refund because they are having technical problems with their internet connection or computer that is beyond our control, and therefore not a cause for refund. However, we will gladly provide the customer with information to download the forms to another computer of their choice or email the form(s) as an attachment directly to them.
MEMBERSHIP TERMINATION
User’s membership with Employerscenter.com is effective until termination by you or by us. You rights under these Terms and Conditions will terminate without notice if you fail to comply with any term of these Terms and Conditions. Upon termination you will stop representing yourself as a registered Member or User. You must delete or destroy any information or content (including all copies) obtained from Employerscenter.com. Certain provisions of this Agreement including but not limited to copyrights, indemnity, trademarks, limitation of liability, warranty and jurisdictional issues will survive the termination of this agreement.
WEBSITE LINKING
You may provide links to Employescenter.com, provided that you do not remove or obscure, by framing or otherwise, any portion of our website, your website does not engage in illegal or pornographic activities, and you discontinue providing links to our Website immediately upon request by us.
SEVERABILITY AND SURVIVAL
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed as consistent with applicable law and the remaining portion will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such provision, nor of the right to enforce such provision. Employerscenter.com rights under this Agreement will survive any termination of this Agreement.
TERMS AND CONDITIONS SUBJECT TO CHANGE
We reserve the right to change these Terms and Conditions at any time by giving you advanced notice of the changes by email or writing. We will also post these changes on our website. These changes will become effective 30 days after receiving the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of Employerscenter.com, Services, and Products after any change to these Terms and Conditions and notification will constitute your acceptance of such changes. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of Employerscenter.com, Services, and Products and terminate your membership.
