SUMMARY OF THE USER AGREEMENT
Below you will find an extensive User Agreement. While we may not be fans of long-winded legalese, we have no choice but to set forth a User Agreement that covers all the bases. Please understand that whether you take the time to read the entire Agreement or not, your use of this Site is subject to your consent to the terms and conditions set forth.
Given the reality that most people never do read longwinded legalese, we offer you this summary. In summary, the most important thing to understand is content and tools on this site are for informational purposes only. Use of any materials does not create an attorney/client relationship with ANYONE unless you have a written and signed agreement indicating specifically otherwise.
Secondly, these materials are for your intra-company use only. If you’re an insurance agency, attorney, consultant, agency, association or other entity interested in the licensing of these materials then please click here.
Third, these materials address on the nuts and bolts of compliance exposure for the general employer population. They are not created to deal with individual state regulations and are not designed to address every one of your compliance exposures. They are not legal advice. This is why it is essential for you to involve an employment law attorney or seasoned HR consultant in the compliance process.
Fourth, understand using this site does not guarantee you won't have compliance and other employee problems. We cannot insure you against compliance problems through use of these strategies and tools. If we had to do that, we could not afford to deliver these products at the fair price we do, or sometimes for free.
Lastly, we respect your privacy rights! Except for the Employer Advisors Network, Inc. and partners who license use of this web site for their clients and members, your name or other information will not be shared with other parties without your express consent. The administrators of HR That Works as well as their partners have the ability to see when and where you have logged on to the HR That Works website. We do this for two reasons:
Having stated the above, nothing set forth in the User Agreement takes away from the fact that these are high quality and easy-to-use and highly effective materials that will make a bottom line difference at your company. If you have any questions or suggestions regarding their use please do not hesitate to e-mail us or call (800) 234-3304.
HR That Works Site User Agreement
1.) REGISTRATION This User Agreement between Authorized User ("You") and Partner Advisors Network, Inc. (www.employeradvisorsnetwork.com) dba HR That Works (www.hrthatworks.com) dba LAWSUIT FREE!™ and any of our site affiliates, agencies, attorneys, sponsors, licensees or content partners (hereafter, collectively referred to as "EAN", "We", "Us") governs your use of these web sites collectively referred to as (the "Site"), including any document, content, services, functions or features accessible on or through the Site (the "Products"). Your use of the Site and the Products is subject to the terms and conditions hereof. PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE USING THE SITE. By using the Site or any other website owned, operated, licensed, or controlled by Us, you agree to be bound by the terms of the User Agreement. Other provisions that govern your use of the Site may be set forth in online notices appearing in connection with certain Products (collectively, the "Additional Terms"), all of which are incorporated by reference into the User Agreement. Your use of any Products that are subject to Additional Terms constitutes your acceptance of the respective Additional Terms. If you do not agree with any such Additional Terms, do not use the Product associated with them. You may review the User Agreement at any time by clicking on the "User Agreement" link that appears on the Site. A.) BY REGISTERING FOR OR USING THIS SITE, THE USER ACCEPTS ALL OF THE TERMS OF THESE "TERMS OF SERVICE". THE USER'S OF THIS SITE WILL CONSTITUTE THE USER'S ACCEPTANCE OF ALL OF SUCH "TERMS OF SERVICE". IF YOU DO NOT AGREE TO THESE "TERMS OF SERVICE", PLEASE DO NOT USE THIS SITE. The Terms of Service for your continued use of this Site will be available through a link on the Site. Please check this area before using this Site whenever a change has been indicated. Changes to the User Agreement posted on the home page of the Site is an effective notice to the User of the change in such terms and conditions. If you do not agree to these changes in the Terms of Service as they may occur please arrange to terminate your registration with Us immediately (i) by notifying Us of your unwillingness to accept the changes to the Terms of Service and (ii) by discontinuing your use of the Site. Your continued use of Site after such changes in the Terms and Services will signify your acceptance of the change in the terms and conditions. B.) If registering for use of the Site through the online registration process, the User verifies that the information provided is accurate and correct to the best of the User’s knowledge. C.) We will attempt to place a "cookie" on your computer acknowledging your acceptance of these terms and conditions. If your computer accepts cookies, you may not be asked to review this agreement every time you sign on, but you should understand that your use of the Site will be subject to and pursuant to this Agreement. You may review this Agreement at any time by clicking on User Agreement from Site home page. D.)This Site and all of its contents are copyrighted. The viewer of this Site is given a limited license to use its contents for personal or internal company use only. E.) The publisher of this or any other web site has no way of knowing the specific needs of the viewer. It is necessary then that you understand the limitations of this Site. The contents of this site are for information purposes only. They do not constitute the giving of legal advice. We strongly recommend working with an experienced employment law attorney to implement these materials. F.) This Site and all its contents are made available to you, with the agreement that you will not copy or reproduce the contents of this Site, except for your own personal or internal company use, in any form and that you will not sell, lease, loan, or otherwise make them available to third parties or anyone else without the express written permission of the author. 2.) PRIVACY We respect your privacy rights! We will not sell or distribute your email address or other information without your express consent. Only EAN, our Agencies, Attorneys, Members, Affiliates and Partners are entitled to your information - with your permission. The administrators of HR That Works as well as their partners (the folks who gave you your password) have the ability to see when and where you have logged on to the HR That Works website. We do this for two reasons: 1. So we can learn what client needs are, what aspects of the site they find the most valuable and conversely, what part of the site is not being used so that we can do a better job explaining their benefit and, 2. So we can better work with you to help implement and reap the full benefits of the HR That Works program. If you have any questions about this feature, please do not hesitate to contact us or the partner who provided your access. 3.) COPYRIGHT; PROPRIETARY DATA; USE PROVISIONS Neither EAN nor any individual or organization that may be a source of Products distributed and/or sold through the Site (each, a "Content Partner"), is engaged in the practice of law or in providing legal services to you or to any other person by making Products available through the Site. The Products are provided for informational purposes only and do not constitute legal advice. Access to, transmission or receipt of, or reliance upon, Products from the Site does not create, and is not intended to create, an attorney-client relationship between you or any other person and EAN or between you or any other person and any Content Partner. You will not represent that you are in an attorney-client relationship with, are being advised or supported by, or are affiliated with, EAN or any Member, Affiliate or Content Partner by virtue of your access to or use of the Site or the Products. You should not communicate any information to any Partner, Attorney, Member, Affiliate or Content Partner with the intention of receiving any form of advice whatsoever, and you understand that doing so will not create an attorney-client relationship. You may, however, contact EAN its Agencies, Attorneys, Members, Affiliates or its Content Partners through the means and manner expressly set forth on the Sites. A.) Except for the license granted in the User Agreement, all right, title, and interest in the Site and the Products (including all trademarks, copyrights, and other intellectual property rights), in all languages, formats and media throughout the world, are and will continue to be the exclusive property of EAN and/or the Content Partners. You may not decompile, reverse engineer, disassemble, rent, lease, loan, sublicense, or create derivative works from the Site. You may not copy, modify, reproduce, republish, distribute, transmit or use the Site or the Products for commercial or other purposes, except to the extent required in order for you to use the Site and the Products in the manner expressly provided herein. Neither you nor any other party which may obtain Products that are not already publicly available may use or facilitate directly or indirectly the use of such Products in any manner that is adverse to EAN, to any Content Partner, to any author of such Products, or to any client of such Content Partner or author. Content Partners are third-party beneficiaries of this provision. 4.) NO ATTORNEY – CLIENT RELATIONSHIP While we don't like to "beat a dead horse", it is important to remind you this web site and accompanying material are provided with the understanding that EAN its members, affiliates, partners, relationships and/or other entities alive, dead or imagined are not engaged in rendering legal, accounting, security, or other professional advice over the internet. We are not your lawyer, consultant or advisor. We are not soliciting your legal business. We are not licensed to practice law. If legal advice, accounting advice, security investment advice, tax advice, or other expert professional assistance is required, the services of a competent professional with expertise in the required area should be sought. We would be glad to refer you to one of our law firm members if we can. These materials have been developed using ideas and information from an extensive research effort. The information contained in these materials is believed to be reliable at the time it was written, but it cannot be guaranteed insofar as it is applied to any particular individual or situation. These materials contain information that is very technical in nature and based on laws that often change quickly, completely and non-sensibility. The currency of any information must be examined before its use. EAN, ITS AGENCIES, ATTORNEYS, MEMBERS, AFFILIATES, PARTNERS, RELATIONSHIPS, ETC. SPECIFICALLY DISCLAIM ANY LIABILITY, LOSS, OR RISK, PERSONAL OR OTHERWISE, INCURRED DIRECTLY OR INDIRECTLY AS A CONSEQUENCE OF THE USE AND APPLICATION OF ANY OF THE INFORMATION CONTAINED IN THIS WEB SITE. WE CANNOT INSURE YOU AGAINST A COMPLIANCE RISK. IN NO EVENT WILL EAN THE PUBLISHER OR ANY DISTRIBUTORS BE LIABLE TO THE PURCHASER FOR ANY AMOUNT GREATER THAN THE PURCHASE PRICE OF ANY MATERIALS. IF IT WERE ANY OTHER WAY, WE COULDN'T AFFORD TO DELIVER YOU THIS VALUABLE INFORMATION FOR AN AFFORDABLE PRICE (OR SOMETIMES, EVEN FOR FREE!) The Site contents often refer to certain specific strategies, cases or resources that are to be regarded as illustrative only. Every strategy needs to be adapted to your particular circumstances. The viewer should carefully conduct his or her own personal research with regard to contacts or options discussed. Actual use of the Products may require the application of professional expertise and legal judgment. If you believe that you may have a legal issue, you should consult a competent attorney licensed to practice in the appropriate jurisdiction. Any oral representations contrary to the wording of this disclaimer are hereby specifically disclaimed and should not be relied upon. 5.) NO REPRESENTATIONS OR WARRANTIES Neither EAN, its Agencies, Attorneys, Members, Affiliates, nor any Content Partner makes any warranty or representation that the Products are appropriate or available for use in any particular jurisdiction or for any purpose whatsoever. You understand that use of the Site and of the Products is undertaken at Your own risk and that You are responsible for compliance with any local laws and regulations relating to your use of the Site and the Products. The EAN database is not exhaustive or complete and therefore may not contain a document bearing on any question that you may have. It is not a compliance library. Think of it as an hr toolbox instead. Improper use of any Product could prejudice your legal rights. Products may require the application of legal judgment by a qualified attorney before being capable of use. The law is constantly changing and the Products may not be complete or accurate as of the date you receive or review them, if at all. Every legal problem depends on its individual facts, the application of qualified and experienced analysis to those facts, and conclusions of law. The laws and regulations of different jurisdictions may differ significantly from each other. Therefore, you should not act or rely on any Product without seeking the independent advice of a competent attorney licensed to practice law in the appropriate jurisdiction. NEITHER EAN NOR ANY CONTENT PARTNER ASSUMES ANY LIABILITY FOR THE USE OR INTERPRETATION OF ANY PRODUCT. THE SITE AND THE PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES WITH RESPECT TO PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS, OR TIMELINESS. YOUR EXCLUSIVE REMEDY UNDER THIS AGREEMENT AND EAN'S, ITS AFFILIATES' AND/OR CONTENT PARTNERS' ENTIRE LIABILITY, IF ANY, FOR ANY CLAIM FOR DAMAGES RELATING TO YOUR USE OF THE SITE OR THE PRODUCTS MADE AGAINST THEM, INDIVIDUALLY OR JOINTLY, WHETHER ON THE BASIS OF CONTRACT, NEGLIGENCE, OR ANY OTHER BASIS, WILL BE LIMITED TO THE AGGREGATE AMOUNT OF CHARGES PAID BY YOU TO EAN DURING THE 12-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. YOU HEREBY AGREE THAT ANY CLAIM AGAINST ANY CONTENT PARTNER SHALL BE LIMITED TO THE TOTAL AMOUNT OF ANY CHARGES INCURRED BY YOU TO PURCHASE PRODUCTS ATTRIBUTABLE TO SUCH CONTENT PARTNER. IN NO EVENT WILL EAN, ITS AGENCIES, ATTORNEYS, MEMBERS, AFFILIATES AND/OR CONTENT PARTNERS BE LIABLE TO YOU FOR ANY CLAIM RELATING IN ANY WAY TO: (i) YOUR INABILITY OR FAILURE TO PERFORM RESEARCH OR OTHER WORK OR TO PERFORM RESEARCH OR WORK PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY EAN, ITS AFFILIATES OR CONTENT PARTNERS; (ii) ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON ANY PRODUCT; (iii) ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO YOUR RIGHTS UNDER THIS AGREEMENT OR USE OF, OR INABILITY TO USE, EAN, EVEN IF EAN, ITS AFFILIATES AND/OR CONTENT PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (iv) THE PROCUREMENT, COMPILATION, INTERPRETATION, EDITING, WRITING, REPORTING, OR DELIVERY OF EAN PRODUCTS.NEITHER EAN NOR ANY CONTENT PARTNER WILL HAVE ANY LIABILITY WHATSOEVER TO YOU FOR ANY CLAIM RELATING IN ANY WAY TO ANY THIRD PARTY PRODUCT. NEITHER EAN NOR ANY CONTENT PARTNER MAKES ANY WARRANTY THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED, SECURE, COMPLETE OR FREE OF ERROR, OR AS TO THE LIFE OF ANY UNIFORM REFERENCE LOCATOR (URL). YOU ACKNOWLEDGE THAT PROVISION OF THE SITE ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS AND LOSSES, INCLUDING THE INADVERTENT LOSS OF DATA. 6.) OUR NO-NONSENSE MONEY BACK GUARANTEE A.) The purchase price of any product we sell is fully guaranteed - on one condition - that you inform us of any concerns you have. B.) Should you have any questions or wish to contact us regarding the User Agreement, 7.) ADDITIONAL PROVISIONS A.) Communication with EAN, its Agencies, Attorneys, Members, Affiliates, Partners or Content Providers or on Site not Confidential. Any communication you may have with EAN and/or any Content Partner, including communication via e-mail, should not be considered confidential. Therefore, you should not send confidential or sensitive information, whether via e-mail or otherwise, because your communication may not be treated as confidential. B.) Links. The Site may contain links to other resources on the Internet. Such links are provided solely as aids to assist you in locating other Internet resources that may be of interest. They are not intended to state or imply that EAN or its Content Partners sponsor or are in any way affiliated with such linked websites. There is not necessarily a relationship between EAN or any Content Partner and any third party owner or operator of any website accessible through links from the Site. You may provide links to the Site from locations outside the Site provided that: (i) you link only to the home page <a href="http://www.employeradvisorsnetwork.com">www.employeradvisorsnetwork.com</a>; <a href="http://www.hrthatworks.com">www.hrthatworks.com</a>; (ii) you do not remove or obscure, by framing or otherwise, the User Agreement, advertisements, copyright notices, or other notices on the Site; (iii) you give EAN notice of such link by sending an e-mail message to inquiry@employeradvisorsnetwork.com and (iv) you immediately discontinue providing links to the Site if requested to do so by EAN. C.) Modification. EAN reserves the right, at its sole discretion, to amend the User Agreement at any time. Please check these terms periodically for changes. Any amended User Agreement will be made available online and will be effective immediately upon being posted. Your continued use of the Site following the posting of any changes to the User Agreement will signify your agreement to be bound by the User Agreement as amended. EAN reserves the right, at its sole discretion, to modify, enhance, add, or delete any portion of the Site, including Products, at any time. D.) Access to Passwords. Access to and use of password protected and/or secure areas of the Site is restricted to Authorized Users only. You may not share your password with anyone. Unauthorized individuals attempting to access password-protected areas of the Site may be subject to criminal and civil liability. You are solely responsible for maintaining the security of your EAN password. You are responsible for all access to and use of Products by any individual or organization using your password, whether or not you have knowledge of or authorize such access and use. Neither the User Agreement nor any part of it may be assigned, sublicensed or otherwise transferred to any third party without EAN's prior written consent. You are expressly prohibited from sharing or exchanging your password. E.) Notices. Except as otherwise provided in the User Agreement, all notices and other communications related to the User Agreement shall be in writing or displayed electronically on the Site. Notices to EAN shall be in writing and deemed to have been properly given on the date deposited in the U.S. mails, if mailed; on the date first made available, or on the date received, if delivered in any other manner. Notices to Us must be sent to the address provided to You on the EAN web Site. Except as otherwise expressly directed by EAN, a copy of any notices to EAN should be sent to inquiry@employeradvisorsnetwork.com with a copy to your EAN account representative, if any. F.) No Waiver. The failure of EAN to enforce any provision of the User Agreement shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time. G.) No Assignment. You may not assign your rights or delegate your duties under the User Agreement. If any provision of the User Agreement is adjudged to be invalid, void, or unenforceable, the parties agree that the remaining provisions hereof will not be affected thereby, that the provision in question may be replaced by the lawful provision that most nearly embodies the original intention of the parties, and that the User Agreement will in any event remain valid and enforceable. H.) Choice of Law and Venue. The Site (excluding any linked sites) is controlled by Partner Advisors Network, Inc., from its offices within the State of Florida, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. Because the laws and regulations of these jurisdictions may differ from those of Florida, by accessing this Site you agree that the statutes and laws of the State of Florida, without regard to conflicts of laws principles thereof or of any jurisdiction, will apply to all matters relating to use of the Site and the Products. I.)Arbitration. Any controversy or claim arising out of or relating to the User Agreement, or the breach thereof, and/or your use of this Site and the Products, shall be settled by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be submitted to one (1) arbitrator and the arbitration shall take place in Palm Beach County, State of Florida. The prevailing party in any such arbitration shall be entitled to an award of its costs and fees. "Costs and fees" shall mean all reasonable pre-award expenses of the arbitration, including the arbitrator's fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees and reasonable attorneys' fees. The arbitrator shall not be empowered to render an award containing punitive damages. You agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Palm Beach County, Florida, USA. J.) User representations and warranties. You hereby represent and warrant that: (a) the information you have provided to EAN is true and accurate; (b) you will at all times comply with all applicable laws, rules, and regulations with respect to your use of the Site and of the Products, including but not limited to complying with all applicable laws, rules, and regulations prohibiting the unauthorized practice of law; and (c) you will comply at all times with the User Agreement, including any Additional Terms, as it may be amended from time to time by EAN.