Web Site Terms, Conditions, Notices and Disclaimers
Last update: March 8, 2012
YOUR USE OF THIS WEB SITE WILL INDICATE YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, CONDITIONS, NOTICES AND DISCLAIMERS HEREIN, PROMPTLY EXIT THIS SITE.
This Agreement is VERY IMPORTANT so please read it carefully and in its entirety. PLEASE READ THESE TERMS CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
THE TERMS, CONDITIONS, NOTICES AND DISCLAIMERS SET FORTH HEREIN (THE "TERMS") GOVERN YOUR USE OF THIS INTERNET WEBSITE, WWW.PAYROLLLAB.COM (THE "SITE"), OR ANY OF THE PRODUCTS OR SERVICES AVAILABLE ON THE SITE. THESE TERMS ARE LEGALLY BINDING ON YOU. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR USE THIS SITE OR ANY CONTENT CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW, INCLUDING ANY MODIFICATIONS THAT WE MAY MAKE AT ANY TIME AND FROM TIME TO TIME WITHOUT ADVANCE NOTICE TO YOU BY POSTING REVISED TERMS HEREIN.
This SITE is protected by copyright. All rights are reserved. All content published on the SITE, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, and Flash animation, may be protected by copyrights or trademarks of the registered owners. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works of, distribute, publicly perform, publicly display, or in any way exploit any of the materials or content on the SITE in whole or in part without the advance written consent of the SITE owner. All materials published on the SITE, including, but not limited to, written content, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are the proprietary property of the SITE owner, its users or its licensors with all rights reserved.
Nothing contained on the SITE should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this web site or any documents or content displayed on this web site, through the use of framing or otherwise.
The SITE includes a combination of content created by the SITE authors and contributing readers. This content includes, among other things, editorial opinion, articles and product reviews. It also includes information about products and services offered by parties other than the SITE, such as product descriptions, press releases, specifications, pricing, availability, and performance. There should be no expectation or assumption of neutrality or independence with regard to views, products, opinions and other content throughout this SITE. The SITE's content from SITE authors and contributing readers is often biased and skewed based upon particular experience, personal interests and vested interests. We do not guarantee the accuracy or the integrity of the content on the SITE, and the content is not a suitable replacement for professional advisors.
USER GENERATED CONTENT POSTED ON THE SITE
You are solely responsible for the photos, profiles (including your name, image, and likeness), contents, comments, messages, notes, text, information, advertisements, listings, and other content (collectively "User Generated Content") that you upload, publish or display (hereinafter, "post") on or through the Service or the SITE, or transmit to or share with other users. You may not post, transmit, or share User Generated Content on the SITE or Service that you did not create or that you do not have permission to post. You understand and agree that the SITE administrator may, but is not obligated to, review the SITE and may delete or remove (without notice) any User Generated Content in its sole discretion, for any reason or no reason, including User Generated Content that in the sole judgment of the SITE owner violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Generated Content you post or store on the SITE or provide to the Company.
When you post User Generated Content to the SITE, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Generated Content on the SITE. By posting User Generated Content to any part of the SITE, you automatically grant, and you represent and warrant that you have the right to grant, to our Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Generated Content for any purpose, commercial, advertising, or otherwise, on or in connection with the SITE or the promotion thereof, to prepare derivative works of, or incorporate into other works, such User Generated Content, and to grant and authorize sublicenses of the foregoing. You may remove, or request that SITE administrator remove, your User Generated Content from the SITE at any time. Our company does not assert any ownership over your User Generated Content; rather, as between us and you, subject to the rights granted to us in these TERMS, you retain full ownership of all of your User Generated Content and any intellectual property rights or other proprietary rights associated with your User Generated Content.
RESTRICTIONS ON USE
No portion of the materials on the SITE may be reprinted, republished, modified, or distributed in any form without the express written permission of SITE for your own personal use or the internal use of your business. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end user license agreements. Any rights not expressly granted by these TERMS and Conditions or any applicable end user license agreements are reserved by SITE.
SITE is not a party to any agreements entered into between you and its vendors or partners and has no control over the quality of products or services provided by those vendors or partners. You agree that you release SITE, its officers, directors, employees or agents from all claims, demands and damages of every form, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in anyway connected with your relationship with the vendors or partners, or the products or services provided by the vendors or partners, or any actions of the vendors or partners. SITE shall also not be liable for any claims or actions brought by its vendors or partners against you.
THIRD PARTY SITES
The SITE contains links to other Internet sites owned by third parties. Your use of each of those sites is subject to the conditions, if any, that each of those sites has posted. This SITE has no control over sites that are not ours, and we are not responsible for any changes to or content on them. The inclusion on our sites of any third-party content or a link to a third-party site is not an endorsement of that content or third-party site.
In order to deliver SITE readers free SITE services and white paper downloads, SITE may share reader registration data with SITE partners or customers.
Readers may contribute input to SITE. If you choose a user name that, in our sole discretion, is obscene, indecent, abusive or that might otherwise subject us to public disparagement, we reserve the right, without prior notice to you, to automatically change your user name, delete your posts from the SITE, restrict your access to the SITE, or any combination of these options. Pen names (also known as alias or fictitious names) used by this SITE and its readers for privacy and anonymity are permitted and are used. Unauthorized access to the Site is a breach of these TERMS and may be a violation of the law. You agree not to access the SITE by any means other than through the interface that is provided by SITE for use in accessing the SITE. You agree not to use any automated means, including, without limitation, agents, robots, scripts, or spiders, to access, monitor, or copy any part of the SITE, except those automated means that SITE has approved in advance and in writing.
If this SITE requests registration information from you, you agree to provide us with true, accurate and complete information. The technology and the software underlying the SITE is the property of SITE, our affiliates, and our partners. You agree not to copy, modify, rent, lease, loan, sell, assign, distribute, reverse engineer, grant a security interest in, or otherwise transfer any right to the technology or software underlying the SITE. You agree not to modify the software underlying the Site in any manner or form or to use modified versions of such software, including (without limitation) for the purpose of obtaining unauthorized access to the Site.
Use of the SITE is subject to existing laws and legal process. Nothing contained in these TERMS shall limit our right to comply with governmental, court, and law-enforcement requests or requirements relating to your use of the SITE. If you believe that content you own has been copied and made accessible in a manner that violates your intellectual property rights, please contact us immediately at info[at]payrolllab.com.
You hereby agree to indemnify, defend and hold SITE and all of SITE officers, directors, owners, employees, agents, information providers, affiliates, partners, and licensors (collectively, the "SITE Party" or "Site Parties") harmless from and against any and all liability, losses, costs, and expenses (including attorneys' fees) incurred by any SITE Party in connection with any claim, including, but not limited to, claims for defamation, violation of rights of publicity and/or privacy, copyright infringement, or trademark infringement. SITE reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify SITE Parties, and you agree to cooperate with our defense of these claims.
DISCLAIMERS; Please read this carefully.
SITE content is provided with RESTRICTED RIGHTS. This Site does not represent a substitute for professional advice. Content throughout this SITE is often the opinion of the authors or readers. SITE content is not intended to replace or substitute for, the information or advice to be provided by experienced, certified or licensed professionals. SITE visitors or readers assume all responsibilities and obligations with respect to any decisions made or opinions given as a result of the use or reference of any content from this SITE. No legal representation or advice is provided in any way whatsoever. This SITE disclaims any responsibility for any harm resulting from reading, referencing, downloading or accessing any information or material on this Internet SITE.
SITE DOES NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. IN ADDITION, WE DO NOT MAKE ANY WARRANTY AS TO THE CONTENT ON THE SITE. THE SITE AND ITS CONTENT ARE DISTRIBUTED ON AN "AS IS, AS AVAILABLE" BASIS. ANY MATERIAL THAT YOU VIEW, REFERENCE, DOWNLOAD OR OTHERWISE OBTAIN THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY POTENTIAL DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR DOWNLOAD OF ANY SUCH MATERIAL. NEITHER WE NOR ANY OF OUR PARTNERS MAKE ANY WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL THAT YOU OBTAIN THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS WILL BE CORRECTED. NEITHER WE NOR ANY OF OUR PARTNERS MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SITE, ANY CONTENT, OR ANY OF OUR SERVICES, TOOLS, PRODUCTS, OR PROPERTIES. YOU EXPRESSLY AGREE THAT YOU WILL ASSUME THE ENTIRE RISK AS TO THE QUALITY AND THE PERFORMANCE OF THE SITE AND THE ACCURACY OR COMPLETENESS OF ITS CONTENT.
NEITHER SITE NOR OUR PARTNERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THAT OF OUR THIRD-PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND VENUE
Any and all challenges and/or legal claims shall be governed solely in the county of Palm Beach, state of Florida, country of the United States of America (USA).
SITE Parties may elect to resolve any controversy or claim arising out of or relating to these TERMS or the SITE by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. 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 Palm Beach County, Florida, United States of America (USA) and judgment on the arbitration award may be entered in any court having jurisdiction thereof.
SITE may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the SITE or delivering them to you through e-mail. You may update your e-mail address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, SITE cannot be held liable if we fail to personally notify you.
Our failure to exercise or enforce any right or provision of these TERMS shall not constitute a waiver of such right or provision.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these TERMS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
These TERMS, including all terms, conditions, and policies that are incorporated into these TERMS by reference, constitute the entire agreement between you and the SITE and govern your use of the SITE, superceding any prior agreements that you may have with the SITE owner and/or authors. If there is a alleged or actual dispute among TERMS between this Web Site TERMS page and any other Site page or referenced source, this Web Site TERMS page shall prevail.
If any part of these TERMS is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the TERMS shall continue in effect.
Section titles in this Web Site TERMS are for convenience only and have no legal or contractual effect.