Disclaimer Regarding Information
THE INFORMATION FROM OR THROUGH THIS SITE IS PROVIDED “AS-IS,”
“AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED,
ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE). THE INFOMRATION MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY FOR ANY INACCURATE INFORMATION,
FOR ANY REASON, AND USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY
CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER
FOR THE INFORMATION RECEIVED (IF ANY). WE ARE NOT LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES 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 DAMAGE. THE LIMITATIONS OF DAMAGES ET FORTH ABOVE ARE FUNDAMENTAL
ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. WE WOULD
NOT PROVIDE THIS SITE AND INFORMATION WITHOUT SUCH LIMITATIONS. NO
REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO
THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY
OR APPLICABILITY OF THE INFORMATION TO A PARTICULAR SITUATION.
All responsibility and liability for any damages caused by viruses
contained within the electronic files of this site are disclaimed.
All terms and conditions with respect to this site is governed by
the Terms of Use Agreement below.
Disclaimer Regarding Hyperlinks
This site contains links to other Internet sites.
These links are provided solely as a convenience to you and are not
endorsements of any products or services in such sites, and no information
in such site has been endorsed or approved by us. These third party
sites may also contain opinions and viewpoints of third parties that
do not necessarily coincide with our opinions and viewpoints. Those
sites may also have privacy policies different than our policy.
or
You will probably notice that we have linked our
site to other Web sites. You should understand that this does not
mean that we have looked at all those sites, that we have checked
them out, or that we endorse them. We disclaim any responsibility
if some site you link to has material on it that offends you in
any way.
Terms of Use Agreement
Welcome to LaborLawTalk.com. By using our site,
you are agreeing to comply with and be bound by the following
terms of use. Please review the following terms carefully. If
you do not agree to these terms, you should not use this site.
The term “LaborLawTalk.com” or “us” or
“we” or “our” refers to LaborLawCenter,
Inc., the owner of the Web site and Jelsoft Enterprises Ltd. (developers
of vBulletin). The term “you” refers to the user or
viewer of our Web Site.
1. Acceptance of Agreement.
You agree to the terms and conditions outlined in this Terms of
Use Agreement ("Agreement") with respect to our site
(the "Site"). Although the administrators and moderators
of LaborLawTalk.com will attempt to keep all objectionable messages
off this forum, it is impossible for us to review all messages.
In addition, please note that our forums also contain many posts
that are made by newsgroup users and may not be members of LaborLawTalk.com
as our forum also serves as mirrors to Usenet newsgroups. This
Agreement constitutes the entire and only agreement between us
and you, and supersedes all prior or contemporaneous agreements,
representations, warranties and understandings with respect to
the Site, the content, products or services provided by or through
the Site, and the subject matter of this Agreement. This Agreement
may be amended at any time by us from time to time without specific
notice to you. The latest Agreement will be posted on the Site,
and you should review this Agreement prior to using the Site.
2. Copyright.
The content, organization, graphics, design, compilation, magnetic
translation, digital conversion and other matters related to the Site
are protected under applicable copyrights, trademarks and other proprietary
(including but not limited to intellectual property) rights. The copying,
redistribution, use or publication by you of any such matters or any
part of the Site, except as allowed by Section 4 below, is strictly
prohibited. You do not acquire ownership rights to any content, document
or other materials viewed through the Site. The posting of information
or materials on the Site does not constitute a waiver of any right
in such information and materials. Some of the content on the site
is the copyrighted work of third parties.
3. Service Marks.
"LaborLawTalk.com" and others are our service marks or registered
service marks or trademarks. Other product and company names mentioned
on the Site may be trademarks of their respective owners.
4. Limited License; Permitted Uses.
You are granted a non-exclusive, non-transferable, revocable license
(a) to access and use the Site strictly in accordance with this Agreement;
(b) to use the Site solely for internal, personal, non-commercial
purposes; and (c) to print out discrete information from the Site
solely for internal, personal, non-commercial purposes and provided
that you maintain all copyright and other policies contained therein.
No print out or electronic version of any part of the Site or its
contents may be used by you in any litigation or arbitration matter
whatsoever under any circumstances.
5. Restrictions and Prohibitions on Use.
Your license for access and use of the Site and any information, materials
or documents (collectively defined as “Content and Materials”)
therein are subject to the following restrictions and prohibitions
on use: You may not (a) copy, print (except for the express limited
purpose permitted by Section 4 above), republish, display, distribute,
transmit, sell, rent, lease, loan or otherwise make available in any
form or by any means all or any portion of the Site or any Content
and Materials retrieved there from; (b) use the Site or any materials
obtained from the Site to develop, of as a component of, any information,
storage and retrieval system, database, information base, or similar
resource (in any media now existing or hereafter developed), that
is offered for commercial distribution of any kind, including through
sale, license, lease, rental, subscription, or any other commercial
distribution mechanism; (c) create compilations or derivative works
of any Content and Materials from the Site; (d) use any Content and
Materials from the Site in any manner that may infringe any copyright,
intellectual property right, proprietary right, or property right
of us or any third parties; (e) remove, change or obscure any copyright
notice or other proprietary notice or terms of use contained in the
Site; (f) make any portion of the Site available through any timesharing
system, service bureau, the Internet or any other technology now existing
or developed in the future; (g) remove, decompile, disassemble or
reverse engineer any Site software or use any network monitoring or
discovery software to determine the Site architecture; (h) use any
automatic or manual process to harvest information from the Site;
(i) use the Site for the purpose of gathering information for or transmitting
(1) unsolicited commercial email; (2) email that makes use of headers,
invalid or nonexistent domain names, or other means of deceptive addressing;
and (3) unsolicited telephone calls or facsimile transmissions; (j)
use the Site in a manner that violates any state or federal law regulating
email, facsimile transmissions or telephone solicitations; and (k)
export or re-export the Site or any portion thereof, or any software
available on or through the Site, in violation of the export control
laws or regulations of the United States.
6. Forms, Agreements & Documents
We may make available through the Site or through other Web sites
sample and actual forms, checklists, business documents and legal
documents (collectively, “Documents”). All Documents are
provided on a non-exclusive license basis only for your personal one-time
use for non-commercial purposes, without any right to re-license,
sublicense, distribute, assign or transfer such license. Documents
are provided for a charge and without any representations or warranties,
express or implied, as to their suitability, legal effect, completeness,
currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED
“AS IS”, “AS AVAILABLE”, AND WITH “ALL
FAULTS”, AND WE AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY
WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. The Documents may be inappropriate
for your particular circumstances. Furthermore, state laws may require
different or additional provisions to ensure the desired result. You
should consult with legal counsel to determine the appropriate legal
or business documents necessary for your particular transactions,
as the Documents are only samples and may not be applicable to a particular
situation. Some Documents are public domain forms or available from
public records. You further agree that all materials posted by you
becomes the property of LaborLawTalk.com, and LaborLawTalk.com reserves
the right to edit, remove, move, or even close any posting or thread
at any time for any reason, at its discretion. You further agree not
to use LaborLawTalk.com to post any advertisement, chain letter, solicitation
or other commercial message. By agreeing to these rules, you warrant
that you will not post any messages that are obscene, vulgar, sexually-orientated,
hateful, threatening, or otherwise violative of any laws. You are
solely responsible for the content of your messages, and you agree
to indemnify and hold harmless LaborLawTalk.com, its affiliates, and
Jelsoft Enterprises Ltd. (developers of the software for the forum)
with respect to any claims and demands against them, including but
not limited to attorney fees, expenses, based upon your submission
of material to the Forum. In addition, you further understand that
LaborLawTalk.com will require you to pay $199.00 for each of your
posting that violates the terms and conditions set fourth.
7. No Legal Advice or Attorney-Client Relationship.
Information contained on or made available through the Site is not
intended to and does not constitute legal advice, recommendations,
mediation or counseling under any circumstance and no attorney-client
relationship is formed. We do not warrant or guarantee the accurateness,
completeness, usefulness of any posting, adequacy or currency of the
information contained in or linked to the Site and we do NOT vouch
for the status, legitimacy or bona fides of any person even one purporting
to be an attorney or moderator making a post. Your use of information
on the Site or materials linked to the Site is entirely at your own
risk and you further agree that information on LaborLawTalk.com or
a forum, even posted by an attorney or moderator, should not be relied
upon and is not a substitute for advice from an attorney licensed
in your jurisdiction who have retained to represent you. We are not
a law firm and the Site is not a lawyer referral service. The LaborLawTalk.com
Forums are intended to enable individuals to benefit from the experience
of other individuals who have faced similar legal issues or situations.
8. Linking to the Site.
You may provide links to the Site, provided (a) that you do not remove
or obscure, by framing or otherwise, advertisements, the copyright
notice, or other notices on the Site, (b) your site does not engage
in illegal or pornographic activities, and (c) you discontinue providing
links to the Site immediately upon request by us.
9. Advertisers.
The Site may contain advertising and sponsorships. Advertisers and
sponsors are responsible for ensuring that material submitted for
inclusion on the Site is accurate and complies with applicable laws.
We are not responsible for the illegality or any error, inaccuracy
or problem in the advertiser’s or sponsor’s materials.
10. Registration.
Certain sections of, or offerings from, the Site may require
you to register. If registration is requested, you agree to provide
us with accurate, complete registration information. Your registration
must be done using your real name and accurate information. Each registration
is for your personal use only and not on behalf of any other person
or entity. We do not permit (a) any other person using the registered
sections under your name; or (b) access through a single name being
made available to multiple users on a network. You are responsible
for preventing such unauthorized use. As a forum registrant, LaborLawTalk.com
may send you email newsletters which will also permit for you to opt
out should you decide not to receive our emails in the future.
11. Errors, Corrections and Changes.
We do not represent or warrant that the Site will be error-free,
free of viruses or other harmful components, or that defects will
be corrected. We do not represent or warrant that the information
available on or through the Site will be correct, accurate, timely
or otherwise reliable. We may make changes to the features, functionality
or content of the Site at any time. We reserve the right in our sole
discretion to edit or delete any documents, information or other content
appearing on the Site.
12. Third Party Content.
Third party content may appear on the Site or may be accessible
via links from the Site. We are not responsible for and assume no
liability for any mistakes, misstatements of law, defamation, omissions,
falsehood, obscenity, pornography or profanity in the statements,
opinions, representations or any other form of content on the Site.
You understand that the information and opinions in the third party
content represent solely the thoughts of the author and is neither
endorsed by nor does it necessarily reflect our belief.
13. Unlawful Activity.
We reserve the right to investigate complaints or reported
violations of this Agreement and to take any action we deem appropriate,
including but not limited to reporting any suspected unlawful activity
to law enforcement officials, regulators, or other third parties and
disclosing any information necessary or appropriate to such persons
or entities relating to your profile, email addresses, usage history,
posted materials, IP addresses and traffic information.
14. Indemnification.
You agree to indemnify, defend and hold us 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 (collectively,
"Affiliated Parties") harmless from any liability, loss,
claim and expense, including reasonable attorney's fees, related to
your violation of this Agreement or use of the Site.
15. Nontransferable.
Your right to use the Site is not transferable or assignable.
Any password or right given to you to obtain information or documents
is not transferable or assignable.
16. Disclaimer.
THE INFORMATION, CONTENT AND DOCUMENTS FROM OR THROUGH THE
SITE ARE PROVIDED "AS-IS," "AS AVAILABLE," WITH
“ALL FAULTS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED,
ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS
OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY
WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE, EXCEPT AS PROVIDED
IN SECTION 17(b). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF,
WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES 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
US AND YOU. THIS SITE AND THE PRODUCTS, SERVICES, DOCUMENTS AND INFORMATION
PRESENTED WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH
THE SITE OR OTHERWISE SHALL CREATE ANY WARRANTY, REPRESENTATION OR
GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES
CONTAINED WITHIN THE ELECTRONIC FILE CONTAINING A FORM OR DOCUMENT
IS DISCLAIMED.
17. Limitation of Liability
(a) We and any Affiliated Party shall not be liable for any loss,
injury, claim, liability, or damage of any kind resulting in any way
from (a) any errors in or omissions from the Site or any services
or products obtainable therefrom, (b) the unavailability or interruption
of the Site or any features thereof, (c) your use of the Site, (d)
the content contained on the Site, or (e) any delay or failure in
performance beyond the control of a Covered Party.
(b) THE AGGREGATE LIABILITY OF US AND THE AFFILIATED PARTIES IN CONNECTION
WITH ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE AND/OR THE PRODUCTS,
INFORMATION, DOCUMENTS AND SERVICES PROVIDED HEREIN OR HEREBY SHALL
NOT EXCEED $100 AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES
WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
18. Use of Information.
We reserve the right, and you authorize us, to the use and
assignment of all information regarding Site uses by you and all information
provided by you in any manner consistent with our Privacy Policy.
All remarks, suggestions, ideas, graphics, or other information communicated
by you to us (collectively, a "Submission") will forever
be our property. We will not be required to treat any Submission as
confidential, and will not be liable for any ideas (including without
limitation, product, service or advertising ideas) and will not incur
any liability as a result of any similarities that may appear in our
future products, services or operations. Without limitation, we will
have exclusive ownership of all present and future existing rights
to the Submission of every kind and nature everywhere. We will be
entitled to use the Submission for any commercial or other purpose
whatsoever, without compensation to you or any other person sending
the Submission. You acknowledge that you are responsible for whatever
material you submit, and you, not us, have full responsibility for
the message, including its legality, reliability, appropriateness,
originality, and copyright.
19. Third-Party Services.
We may allow access to or advertise certain third-party product
or service providers ("Merchants") from which you may purchase
certain goods or services. You understand 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 transactions entered
into between you and Merchants. You agree that use of or purchase
from such Merchants is AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES
OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES
OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT.
UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM
THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION
APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.
20. Third-Party Merchant Policies.
All rules, policies (including privacy policies) and operating
procedures of Merchants will apply to you while on any Merchant sites.
We are not responsible for information provided by you to Merchants.
We and the Merchants are independent contractors and neither party
has authority to make any representations or commitments on behalf
of the other.
21. Privacy Policy.
Our Privacy Policy, as it may change from time to time, is
a part of this Agreement. You must review this Privacy Policy by clicking
on this link.
22. Payments.
You represent and warrant that if you are purchasing something
from us or from Merchants that (i) any credit information you supply
is true and complete, (ii) charges incurred by you will be honored
by your credit card company, and (iii) you will pay the charges incurred
by you at the posted prices, including any applicable taxes.
23. Securities Laws.
The Site may include statements concerning our operations,
prospects, strategies, financial condition, future economic performance
and demand for our products or services, as well as our intentions,
plans and objectives (particularly with respect to product and service
offerings), that are forward-looking statements. These statements
are based upon a number of assumptions and estimates which are subject
to significant uncertainties, many of which are beyond our control.
When used on our Site, words like "anticipates," "expects,"
"believes," "estimates," "seeks," "plans,"
"intends," "will" and similar expressions are
intended to identify forward-looking statements designed to fall within
securities law safe harbors for forward-looking statements. The Site
and the information contained herein does not constitute an offer
or a solicitation of an offer for sale of any securities. None of
the information contained herein is intended to be, and shall not
be deemed to be, incorporated into any of our securities-related filings
or documents.
24. Links to other Web Sites.
The Site contains links to other Web sites. We are not responsible
for the content, accuracy or opinions express in such Web sites, and
such Web sites are not investigated, monitored or checked for accuracy
or completeness by us. Inclusion of any linked Web site on our Site
does not imply approval or endorsement of the linked Web site by us.
If you decide to leave our Site and access these third-party sites,
you do so at your own risk.
25. Copyrights and Copyright Agents.
We respect the intellectual property of others, and we ask
you to do the same. If you believe that your work has been copied
in a way that constitutes copyright infringement, please provide our
Copyright Agent the following information:
a. An electronic or physical signature of the person authorized to
act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing
is located on the Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed
use is not authorized by the copyright owner, its agent, or the law;
and
f. A statement by you, made under penalty of perjury, that the above
information in your Notice is accurate and that you are the copyright
owner or authorized to act on the copyright owner's behalf.
Our Copyright Agent for Notice of claims of copyright infringement
on the Site can be reached by directing an e-mail to the Copyright
Agent at webstermaster@laborlawtalk.com
26. Information and Press Releases.
The Site contains information and press releases about us.
We disclaim any duty or obligation to update this information or any
press releases. Information about companies other than ours contained
in the press release or otherwise, should not be relied upon as being
provided or endorsed by us.
27. Legal Compliance.
You agree to comply with all applicable domestic and international
laws, statutes, ordinances and regulations regarding your use of the
Site and the Content and Materials provided therein.
28. Miscellaneous.
This Agreement shall be treated as though it were executed
and performed in Orange County, California, and shall be governed
by and construed in accordance with the laws of the State of California
(without regard to conflict of law principles). Any cause of action
by you with respect to the Site (and/or any information, Documents,
products or services related thereto) must be instituted within one
(1) year after the cause of action arose or be forever waived and
barred. All actions shall be subject to the limitations set forth
in Section 16 and Section 17. The language in this Agreement shall
be interpreted as to its fair meaning and not strictly for or against
any party. This Agreement and all incorporated agreements and your
information may be automatically assigned by us in our sole discretion
to a third party in the event of an acquisition, sale or merger. Should
any part of this Agreement be held invalid or unenforceable, that
portion shall be construed consistent with applicable law and the
remaining portions shall remain in full force and effect. To the extent
that anything in or associated with the Site is in conflict or inconsistent
with this Agreement, this Agreement shall take precedence. Our failure
to enforce any provision of this Agreement shall not be deemed a waiver
of such provision nor of the right to enforce such provision. Our
rights under this Agreement shall survive any termination of this
Agreement.
29. Arbitration.
Any legal controversy or legal claim arising out of or relating
to this Agreement or our services, excluding legal action taken by
us to collect or recover damages for, or obtain any injunction relating
to, Site operations, intellectual property, and our services, shall
be settled solely by binding arbitration in accordance with the commercial
arbitration rules of JAMS. Any such controversy or claim shall be
arbitrated on an individual basis, and shall not be consolidated in
any arbitration with any claim or controversy of any other party.
The arbitration shall be conducted in Orange County, California, and
judgment on the arbitration award may be entered into any court having
jurisdiction thereof. Either you or us may seek any interim or preliminary
relief from a court of competent jurisdiction in Orange County, California
necessary to protect the rights or property of you and us pending
the completion of arbitration. Each party shall bear one-half of the
arbitration fees and costs incurred through JAMS.
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