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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.

 

 


 

 

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