|
Terms
& Conditions of Sale and Web Site Viewing & Use
Please
note that any information found on
CertifiedEmployeeHandbook.com™
is not a substitute for the advice of an attorney. Your viewing of
any information on this site or use of anything for sale herein does not
create any form of attorney/client relationship, nor does it constitute
legal advice. Legal advice regarding your business is always best
sought from competent, independent legal counsel in your relevant
jurisdiction. Accordingly, by reviewing the content of
CertifiedEmployeeHandbook.com™
and/or
making any purchase, you expressly agree to contract with the above
referenced New Jersey Limited Liability Company and to be legally bound by the
following terms and conditions:
1. Use
Restrictions
Absent prior written
permission from an officer of CertifiedEmployeeHandbook.com™
and the above referenced New Jersey Limited Liability Company, you may not copy,
distribute, republish, upload, post, or transmit information contained in
this Web site ("Information") in any manner. Provided, however,
you may download one copy of the Information onto one computer for your
personal, non-commercial use only, provided you do not change the
Information in any manner and further provided that you do not delete or
change any copyright, trademark, or other proprietary notice contained in
the Information. This limited license allows
you to use the Information only for lawful uses in accordance with the
foregoing and does not allow you to sell the Information, use the
Information for commercial use, use any type of data mining, robots, or
similar data gathering or extraction methods on this Web site. Any
Information downloaded by you from this Web site is merely licensed to you
by CertifiedEmployeeHandbook.com™ and the above referenced New Jersey
Limited Liability Company. This license does not transfer to you any
intellectual property rights in the Information under any patent,
copyright, or trademark. All such rights remain with CertifiedEmployeeHandbook.com™ and
the above referenced New Jersey Limited Liability Company.
Modifying, or using the Information for any purpose other than as
specifically authorized herein violates CertifiedEmployeeHandbook.com™ and
the above referenced New Jersey Limited Liability Company,
intellectual property rights. Absent prior written consent from an officer
of CertifiedEmployeeHandbook.com™ and the above referenced New Jersey
Limited Liability Company you may not copy or imitate any elements of this
Web site, including, but not limited to, graphics, digital images, logos,
sounds, images, icons and buttons, protected by trade dress and other
laws. You may not resell, reverse engineer, disassemble, decompile, or
otherwise modify any software contained within the Information. Absent
prior written consent from an officer of CertifiedEmployeeHandbook.com™
and the above referenced New Jersey Limited Liability Company, you may not
use framing, metatag or hidden text techniques in association with any
CertifiedEmployeeHandbook.com™ and the above referenced New Jersey Limited
Liability Company, trademark, logo or other copyrighted or proprietary
information.
CertifiedEmployeeHandbook.com™ and the above referenced New Jersey Limited
Liability Company, will
prosecute all violations of CertifiedEmployeeHandbook.com™ and the above
referenced New Jersey Limited Liability Company, proprietary rights and
of any other violation of this Agreement to the fullest extent permissible
under applicable state, federal and/or international law.
2.
Restricted Rights
CertifiedEmployeeHandbook.com™ and the above referenced New Jersey Limited
Liability Company, grants
you only RESTRICTED RIGHTS regarding use of the Information and Web site.
Use, duplication or disclosure by the U.S. Government is subject to the
restrictions set forth in subparagraph (c)(1)(ii) of The Rights in
Technical Data and Computer Software clause at DFARS 252.227-7013 or
subparagraphs (c)(1) and (2) of the Commercial Computer
Software-Restricted Rights at 48 CFR 52.227-19, as applicable.
3.
Transmissions
You acknowledge that
transmissions by you to or from this Web site ("Transmissions")
are non-confidential and that others may read and/or intercept such
Transmissions. CertifiedEmployeeHandbook.com™ and the above referenced New
Jersey Limited Liability Company, has the right, but not the obligation,
in its sole discretion to review any Transmissions transmitted using this
Web site or CertifiedEmployeeHandbook.com™ and the above referenced New
Jersey Limited Liability Company, server and to edit or delete any
Transmissions which violate any term of this Agreement. You hereby consent
to CertifiedEmployeeHandbook.com™ and the above referenced New Jersey
Limited Liability Company, collection and use of such Transmissions and
acknowledge that submitting Transmissions to this Web site, creates no
confidential or fiduciary relationship between you and CertifiedEmployeeHandbook.com™ and
the above referenced New Jersey Limited Liability Company. By using this Web site, you thereby assign all
right, title and interest, including the copyright therein, in all
Transmissions to CertifiedEmployeeHandbook.com™ and the above referenced
New Jersey Limited Liability Company.
Accordingly, CertifiedEmployeeHandbook.com™ and the above referenced New
Jersey Limited Liability Company shall own all intellectual property rights in the Transmissions, and shall
be entitled to the unrestricted use of the Transmissions for any purpose,
commercial or otherwise, without acknowledgment, compensation or liability
to you. By submitting such Transmissions to this Web site, you irrevocably
waive all "moral rights" in such Transmissions.
4.
Indemnification
You agree to defend,
indemnify and hold CertifiedEmployeeHandbook.com™ and the above referenced
New Jersey Limited Liability Company,
their parents, subsidiaries,
affiliates, officers and employees, their suppliers and their respective
affiliates and agents, harmless from all claims, liabilities, damages and
expenses (including attorneys' fees, costs and all litigation expenses,
including but not limited to expert witness fees) arising out of or
relating to your use of this Web site, its contents or anything
downloaded, including, but not limited to: (1)
your submission to this Web site of any Transmission; (2) your alleged
breach of this Agreement; or (3) your infringement of any intellectual
property or other right of any person or entity; (4) your use or
distribution of anything offered for sale on this Web site.
5.
Limitation of Liability
IN NO EVENT SHALL
CertifiedEmployeeHandbook.com™
and the above referenced New Jersey Limited Liability Company, their PARENTS, AFFILIATES, officers and employees,
VENDORS OR SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THIS WEB SITE or
anything offered for sale on this web site, OR FOR
THE LOSS OF PROFITS, OR DAMAGES THAT MAY RESULT FROM THEFT, DELAYS,
OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, NEGLIGENCE, DEFECTS, VIRUSES,
FAILURE OF PERFORMANCE, DESTRUCTION OR UNAUTHORIZED ACCESS TO
CertifiedEmployeeHandbook.com™ and
the above referenced New Jersey Limited Liability Company,'S RECORDS, OR FOR THE COST OF OBTAINING SUBSTITUTE
GOODS AND SERVICES OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION
OF YOUR TRANSMISSIONS, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF
USE, PROFITS, DATA OR OTHER INTANGIBLES WHETHER IN AN ACTION IN CONTRACT,
TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EVEN IF
CertifiedEmployeeHandbook.com™
and the above referenced New Jersey Limited Liability Company, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT
ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES OR EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. IN SUCH
CASES, THE ABOVE LIMITATION OF LIABILITY MAY NOT APPLY TO YOU TO THE
EXTENT THAT CertifiedEmployeeHandbook.com™
and the above referenced New Jersey Limited Liability Company,'S TOTAL LIABILITY TO YOU FOR ALL LOSSES,
DAMAGES, AND CAUSES OF ACTION SHALL NOT BE GREATER THAN THE TOTALITY OF
PAYMENTS MADE BY YOU TO CertifiedEmployeeHandbook.com™
and the above referenced New Jersey Limited Liability Company, IN EXCHANGE FOR ALLOWING YOU TO ACCESS THIS
WEB SITE and/or purchase anything
for sale on THIS WEB SITE.
6.
Disclaimer
YOU ACKNOWLEDGE THAT THIS
WEB SITE AND THE INFORMATION HEREIN ARE PROVIDED ON AN "AS IS, WHERE
IS" BASIS AND THAT CertifiedEmployeeHandbook.com™
and the above referenced New Jersey Limited Liability Company, MAKES NO REPRESENTATIONS OR
WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THIS WEB SITE, ITS
INFORMATION OR ANYTHING OFFERED FOR SALE ON THIS WEBSITE.
CertifiedEmployeeHandbook.com™ and
the above referenced New Jersey Limited Liability Company, DISCLAIMS ALL WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, MERCHANTABLILTY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BY USING OR ATTEMPTING TO
USE THIS WEB SITE AND/OR ANYTHING CONTAINED FOR SALE ON THIS WEB SITE YOU EXPRESSLY ACKNOWLEDGE: (1) THE INFORMATION COULD
INCLUDE TECHNICAL INACCURACIES AND/OR TYPOGRAPHICAL ERRORS; (2)
CertifiedEmployeeHandbook.com™
and the above referenced New Jersey Limited Liability Company, DOES NOT REPRESENT OR WARRANT THE TIMELINESS,
RELIABILITY, COMPLETENESS OR ACCURACY OF THE INFORMATION; AND (3)
CertifiedEmployeeHandbook.com™
and the above referenced New Jersey Limited Liability Company, DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR
ITS SERVER(S) ARE FREE OF ERRORS OR VIRUSES OR OTHER POTENTIALLY DAMAGING
CONTENT. CertifiedEmployeeHandbook.com™ and the above referenced New
Jersey Limited Liability Company, may
periodically change the Information. CertifiedEmployeeHandbook.com™ and
the above referenced New Jersey Limited Liability Company, reserves the
right to implement such changes, at any time without notice to you. Unless
specifically indicated in writing to the contrary, no reference in this
Web site to any products, services, processes, or other information, by
trade name, trademark, manufacturer, supplier, or otherwise shall
constitute or imply CertifiedEmployeeHandbook.com™ and the above
referenced New Jersey Limited Liability Company, endorsement or sponsorship
thereof.
7.
Links to Third-Party Sites
This Web site includes
hypertext links to other Web sites and CertifiedEmployeeHandbook.com™ and
the above referenced New Jersey Limited Liability Company, has no control
over, and makes no representations of any kind regarding the content on
such Web sites or the content on any Web site linked to such Web sites, or
any changes or modifications made thereto. You hereby acknowledge that by
using any such hypertext links, you thereby irrevocably waive any and all
claims against CertifiedEmployeeHandbook.com™ and the above referenced New
Jersey Limited Liability Company, regarding such Web sites and must
adhere to the usage and privacy policies governing such sites. Note that
this Web site's use of hypertext links to other Web sites does not imply CertifiedEmployeeHandbook.comand/or its parent New Jersey Limited
Liability Company's sponsorship or endorsement of any such Web sites.
8.
Trademark
All trademarks used on this
Web site are the property of their respective owners and may not be used
without permission therefrom. Whether or not specifically designated as
such, CertifiedEmployeeHandbook.com™ and the above referenced New Jersey
Limited Liability Company and all other colors, graphics, logos, sounds,
images, icons and buttons displayed in this Web site ("Marks")
are trademarks of CertifiedEmployeeHandbook.com™ and the above referenced
New Jersey Limited Liability Company and/or its affiliates. Absent prior
written consent from an officer of CertifiedEmployeeHandbook.com™ and the
above referenced New Jersey Limited Liability Company, you may not copy
imitate or use any portion of the Marks.
9.
Monitoring the Site
You acknowledge that you
are solely responsible for all of your activities in relationship to this
Web site, including the contents of all Transmissions, and the
consequences thereof. You agree to indemnify, defend and hold
CertifiedEmployeeHandbook.com™ and the above referenced New Jersey Limited
Liability Company, harmless for any liability arising from your use of
this Web site. While CertifiedEmployeeHandbook.com™ and the above
referenced New Jersey Limited Liability Company, respects your privacy, you
hereby acknowledge that this Agreement creates no reasonable expectation
of privacy in any Transmissions. CertifiedEmployeeHandbook.com™ and the
above referenced New Jersey Limited Liability Company, may, but is under no
obligation to, use blocking and/or filtering software and other monitoring
devices to prevent the dissemination of unsolicited electronic
communications (spam). You may not use this Web site in association with
such spam, any computer viruses or any other potentially damaging computer
code. CertifiedEmployeeHandbook.com™ and the above referenced New Jersey
Limited Liability Company, will prosecute Violations of this provision to
the fullest extent allowed by law and reserves the right to take
additional action regarding any such activity or conduct. Such additional
action may include recovery of costs and expenses associated with
identifying offenders and preventing their access to this Web site as well
as lost profits, damages, court costs and attorney fees associated with
repairing any damaged software or hardware. Notwithstanding any provisions
of the Privacy Policy, CertifiedEmployeeHandbook.com™ and the above
referenced New Jersey Limited Liability Company,
reserves the right to report
any Transmissions which it believes violate any law or regulation to
appropriate law enforcement officials, regulators, or other third parties,
and to assist such parties in their investigations
10.
Arbitration
You agree that in
consideration for the viewing and/or use of the information, services
and/or anything for sale in this website, that
CertifiedEmployeeHandbook.com™ and the above referenced New Jersey Limited
Liability Company, shall
have the exclusive right to compel the binding arbitration of any dispute
of any nature whatsoever that may arise out of said viewing, purchase and/or use,
which shall be governed by the current rules of the American Arbitration
Association, but may be administered and presided over by any neutral, third-party
arbitrator who is licensed and maintains a bona fide office for the practice of law in the State of
New Jersey.
11.
Governing Law and Forum for Disputes
This is the entire
agreement between you and CertifiedEmployeeHandbook.com™ and the above
referenced New Jersey Limited Liability Company, relating to your use of
this Web site or anything for sale herein. The laws of the State of New Jersey, United States of
America, shall govern this Agreement and/or any dispute of any nature
whatsoever with CertifiedEmployeeHandbook.com™ and the above referenced
New Jersey Limited Liability Company, notwithstanding any principles of
conflicts of law. You agree that any action at law or in equity, if any,
that may arise out of or relating to this Agreement and/or any dispute of
any nature whatsoever with CertifiedEmployeeHandbook.com™ and the above
referenced New Jersey Limited Liability Company, to the extent permitted by this agreement, shall only be filed in
the New Jersey State Superior Court located in Essex County New Jersey,
and you hereby irrevocably and unconditionally consent and submit to the
exclusive jurisdiction of said forum and irrevocably waive any right to a federal or
any other forum.
12.
Severability
If any portion of this
Agreement or the Privacy Statement is determined by any arbitrator or court of competent
jurisdiction to be unlawful, void, or unenforceable, that portion will be
deemed severable and will not affect the validity and enforceability of
any remaining provisions hereof.
If you do not agree to
these Terms of Usage, please do not register with, enter or purchase
anything from this Web site. Your
purchase
and/or use of anything from this Web site signifies your acceptance of the terms
SET FORTH ON THIS WEB PAGE. As
these terms are subject to change at any time without notice, please check
them before making any purchase to determine whether a change has been
made.
|