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Your use of this website is governed by these Web Site Terms and Conditions of Use ("Terms"). Before you use of any portion of this website, including without limitation all articles, documents, links, notices, recommendations, services, statutes and summaries, please review these Terms. YOUR RIGHTS AND LIABILITIES RELATING TO YOUR USE OF THIS SITE ARE CONTAINED IN THESE TERMS AND IT CREATES A BINDING CONTRACT.

PLEASE READ THIS AGREEMENT CAREFULLY. The Table of Contents below lets you know the types of subjects addressed in this Agreement.

  • A. Definitions
  • B. Terms
  • C. Automatic Renewal of Subscription
  • D. No Representations or Warranties, and Other Disclaimers
  • E. Limitations on Liability and Guaranty
    • 1. General Limitation on Liability
    • 2. Our Limited $25,000 Guaranty for Poster
    • 3. No Liability for Customized Documents
    • 4. No Liability for Spam and Viruses
    • 5. No Liability for Credit Card or Other Security Breaches
  • F. Copyright and Use Restrictions
  • G. Indemnification, Hold Harmless and Duty to Defend Resulting from Use of Site
  • H. Suspension or Termination of This Agreement
  • I. If We Have a Dispute
    • 1. Choice of Law Provision
    • 2. Mandatory Mediation Before Filing Claim
    • 3. Mandatory Binding Arbitration
    • 4. Prevailing Party Costs
    • 5. Jurisdiction if Claim Goes to Court
    • 6. Liquidated Damages
  • J. Changes to Our Terms
  • K. Severability

The purpose of this website, including the tools, documents and services contained and offered herein, is to provide general employment and human resources-related information for you or your company’s use. Nothing that appears on this site or in connection with this site constitutes or may be relied upon as legal advice. Neither is HR4Less or Elite Business Ventures, Inc. engaged in the practice of law, and your subscription to this site does not create an attorney-client relationship. Please consult an attorney for all legal matters relating to your human resources, employment, and OSHA needs. You should not act or rely on any information on this website without seeking the advice of an attorney licensed to practice law in your jurisdiction.

A. DEFINITIONS

  • 1. "Affiliates" mean persons not employed by us and working on commission only under the Affiliates Program, who are authorized by us to market and sell our Products and have entered into the Affiliate Agreement.
  • 2. "Products" includes all advice, articles, assistance, forms, guides, information, laws, letters, libraries, manuals, newsletters, posters, recommendations, services, or summaries provided or offered on our website.
  • 3. "We", "us" or "HR4Less" means, without limitation, the officers, directors, employees, agents, attorneys, representatives, affiliates and assigns of HR4Less and Elite Business Ventures, Inc.
  • 4. "You" or "your" as used in these Terms mean you, your company, your company’s affiliates, employees, officers, directors and agents and anyone acting on your behalf.

B. TERMS

  • 1. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO EACH AND EVERY TERM. You agree by accessing this website that you have the authority to accept these terms of use enter into this legally binding agreement relating to these Terms, and that you are at least eighteen (18) years of age.
  • 2. By accessing this web site, You agree to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws, and that you have sought legal advice where appropriate for you. If you do not agree with any of these terms, you are prohibited from using or accessing this site.
  • 3. These terms and conditions control your use of the website. Other terms and conditions that may be found on this website may bind you to further obligations and limitations, but do not bind us beyond these Terms. These Terms will be deemed to control where there is any conflict in our rights and your obligations as between these Terms and others found on our website.

C. AUTOMATIC RENEWAL OF SUBSCRIPTION

  • 1. Automatic Renewal on Credit Card until Cancellation
  • THIS CONTRACT AUTOMATICALLY RENEWS ANNUALLY AT OUR CURRENT PRICE IN EFFECT ON THE RENEWAL DATE UNLESS YOU AFFIRMATEIVELY CANCEL THIS CONTRACT.

  • 2. Cancellation at End of Subscription
  • You may cancel this contract by calling, sending us an email, or from our website. YOU MAY CANCEL THE CONTRACT BY CALLING, SENDING US AN EMAIL OR FROM OUR WEBSITE.

  • 3. Rights on Renewal
  • We will send you an annual receipt to the email address we have on file notifying you that your credit card has been charged. For monthly renewals, your cancelation will take effect for the next credit card charge after we receive notice of cancellation. For annual renewals, you will have 60 days from the date of the receipt to cancel under our 60-day guaranty after each renewal.

D. NO REPRESENTATIONS OR WARRANTIES, AND OTHER DISCLAIMERS

  • 1. No Representations or Warranties by Us
  • YOU AGREE THAT THIS WEBSITE IS PROVIDED FOR YOUR USE ON AN "AS IS" AND "AS AVAILABLE" BASIS ONLY. To the fullest extent permitted by law, You agree that we hereby disclaim any and all representations and warranties to you, whether express or implied, including, without limitation, warranties or representations:

    • regarding the suitability of this website, these Products, or the information or links contained on this website for you our your company.
    • concerning any implied warranties of merchantability and of fitness for a particular purpose with respect to any information or links contained herein, non-infringement of intellectual property or other violation of rights, accessibility through or derived by you from this website, or with respect to the Products or services purchased by you through this website,
    • that the information on this website is accurate, complete, reliable, useful, timely or current,
    • regarding any Product, option, service or data contained on this website or that you may access, download, or use as a result of information contained on this website.
  • 2. We Have No Obligation to Maintain this Website
  • You agree that we are under no obligation to maintain this website or this website in its current configuration, and may interrupt or terminate this website at any time, in our sole discretion, and without prior notice to you, and that doing so does not breach any agreement or obligation between us and you.

  • 3. Responsibility for Links on Our Website
  • Links to other websites, if any, are provided for your convenience only and by accessing such links you agree that we have no liability to you for your use of such links. You agree that we do not represent or warrant that links on this website are accurate, complete, reliable, useful, timely or current. We have not reviewed all of the sites linked to its Internet website and are not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by us of the site. Use of any such linked web site is at the user's own risk.

  • 4. Conflicts Between Terms on the Website
  • These Terms negate all other warranties, express or implied, that may be otherwise applicable to you, to the fullest extent permitted under applicable law.

  • 5. No Oral Representations
  • You agree that no oral representations vary these Terms. Only express written representations and warranties made directly and specifically from us to you and not contained in any materials for the general public or mass-marketed may vary these Terms. We are not obligated to accept or respond to any requests for representations and no representations will be deemed to have been made unless we expressly make them to you in writing.

  • 6. No Legal Representation
  • The purpose of this site is to provide general employment and human resources-related information to you. Every business is different, and circumstances frequently vary and may affect the proper course of action that must be taken concerning employment and human resources-related issues. The information contained in this site is intended only to familiarize you with general employment and human resource-related issues in order that you may seek more specific advice from your own advisors based on individual circumstances. Nothing that appears on this site or in connection with this site should be relied upon or construed as legal advice. You agree that we are not lawyers and are not holding ourselves out as offering legal advice. We do not engage in the practice of law and your subscription to this site does not create an attorney-client relationship.

E. LIMITATIONS ON LIABILITY AND GUARANTY

  • 1. General Limitation on Liability.
    • You agree by using this website that HR4Less, and its affiliates, officers, directors, employees, agents, attorneys, assigns, vendors and/or suppliers have no liability for any direct or indirect losses caused to you your employees, agents, directors, officers, affiliates, or your customers or other third parties, arising out of or resulting or caused proximately or otherwise from your use or inability to use this website and the Products, to the fullest extent permissible under applicable law. This limitation on liability is comprehensive to the greatest extent allowable by applicable law, and applies to all losses and damage of any kind, including general, special, consequential, incidental, exemplary or otherwise, (including without limitation loss of data, income or profits), whether arising in contract, tort, by statute or otherwise whether such damage was known or could have been known by us.
    • If you are dissatisfied with this website, or the contents thereof, or the manner in which the website operates, you agree that your sole remedy is to discontinue using this website. You acknowledge that your use of the website is at your own risk. You agree that these Terms, your purchase or use of products, and your use of the website do not create a third party beneficiary relationship for any person or entity and is solely for your use.
  • 2. Our Limited $25,000 Guaranty for Posters
    • If we provide you with incorrect Labor Law Posters as part of your subscription, and you receive a governmental fine directly relating to your use of our incorrect postings at the time of your use, we will pay you maximum of $25,000 in direct reimbursement of such fines, exclusive of your costs, as our guaranty to you that our Labor Law Posters meet governmental requirements.
    • We agree to update you during your subscription of any changes to the labor law posters to provide you with a reasonable opportunity to post newly required posters. We will do so to the email you provide to us, and on our website. Notice in either manner constitutes full notice to you of a change in required posters. It is your obligation upon delivery of such notice to order new posters and post them in a timely manner to comply with all laws and regulations.
    • WE ARE NOT LIABLE FOR FINES RELATING TO YOUR FAILURE TO PROMPTLY ORDER OR DISPLAY LABOR LAW POSTERS, OR YOUR FAILURE TO DISPLAY SUCH LABOR LAW POSTERS IN AN APPROPRIATE AREA WITHIN YOUR OFFICES.
  • If you subscribe to our Poster Replacement Service, we will provide replacement posters to the address you have provided in a timely manner. You are responsible for providing us with any updated address in a timely manner to the following address:

    7920 Arjons Drive, Suite E San Diego, CA 92126
    You are responsible for immediately posting in a proper location newly required posters.
  • 3. No Liability for Customized Documents
  • Many documents that you may access on our site once you subscribe allow you to customize the document for your company’s use, including but not limited to handbooks, letters, and policies. If you alter material provisions of these documents, you may reduce their effectiveness and create legal consequences relating to your employees. You are advised to consult an attorney prior to making material changes to any such document for distribution in your company. We are not liable for any modifications you make to these documents.

  • 4. No Liability for Spam and Viruses
  • You agree that we are not liable to you for any interruption of or damage to your computer system or software as the result of accessing or otherwise using this website. By accessing this website, you agree that we are not liable to you relating to any spam or virus program that may affect your computer or contacts as a result of using this website, whether it occurred as a result of negligence, gross negligence, or willful misconduct. We are not obligated to scan or monitor our site or any links on our site to ensure against viruses or spam software.

  • 5. No Liability for Credit Card or Other Security Breaches
  • While we will use appropriate efforts to secure all data received by us, including private information and credit card information, you agree that we are not liable to you for any security breach, credit card or information theft.

F. COPYRIGHT AND USE RESTRICTIONS

  • 1. Copyright and Intellectual Property Protection.
  • All of the content on our website, including the logo, page headers, images, illustrations, graphics, clips, links, text, software and Products, are subject to trademark, service mark, trade dress, copyright, and/or other intellectual property rights or licenses (referred to in these Terms as "Legally Protected Materials") held by us or by third parties. By using this website, you agree to honor our copyrights, and those of our affiliates, and any third parties’ copyrights and intellectual property rights to Legally Protected Materials.

  • 2. Redistribution and Use
    • Your access to this website and use of its contents does not confer on you any rights of redistribution. Your unique username licenses and permits only one user to access the site. Sharing or otherwise distributing your username and password, the Products on this website, or other rights to use the Products on this website to other individuals or companies constitutes a breach of these Terms and is grounds for the following remedies to us, which we may elect alternatively or collectively in our sole discretion: (i) termination of your rights to use this website and our Products, (ii) damages in the amount of one year of our fullest subscription per breach, as liquidated damages approximating our loss for your allowing an unpaid use of our Products and website, (iii) $1000 per breach, as liquidated damages approximating our costs in enforcing our rights as set forth in these Terms relating to redistribution. No commissions will be paid to you as an Affiliate for your inappropriate redistribution of our Products or access to our website.
    • The content of this website, our Products, and the website as a whole, are intended for your use, and may not be modified, copied, printed, distributed or elsewhere incorporated in whole or in part for any other purpose, and may not be copied or posted to the content of any other network computer or in any media, and may not be altered or changed in any way. Your permission to access this website does not permit you to reproduce or use any Legally Protected Materials for the benefit of any other person or entity. Except as noted in this paragraph, you may not copy, download, reproduce, modify, publish, distribute, transmit, transfer or create derivative works from the content of this website without first obtaining our express written consent. This includes the use of meta tags or other hidden text using materials from this website. You may not use any Legally Protected Material belonging to us or appearing on our website in any manner that is not in connection with our products and services, or in any manner that is likely to cause confusion among customers, or in any manner that discredits or disparages us or the owner of the Legally Protected Material. you may use our materials for your company’s HR4Less needs.
  • 3. You are expressly prohibited from placing our website link on your website without our express written permission.

G. INDEMNIFICATION, HOLD HARMLESS AND DUTY TO DEFEND RESULTING FROM YOUR USE OF THIS SITE

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS HR4Less, any affiliates of same, and their officers, directors, employees, agents and attorneys for any claim or demand, including but not limited to claims for losses, expenses, damage and costs, including attorney’s fees, made by you or any third party due to or arising out of (i) your use of this website (including information, materials, and links appearing on the website), and (ii) your purchase of Products available on our website or in our catalogue, including ordering, printing, manufacturing, shipping, or delivery, and (iii) resulting from the violation of these Terms by you, your use or distribution to others of Products purchased from this website, or the infringement by you or any other user on your behalf of any Legally Protected Materials.

H. SUSPENSION OR TERMINATION OF AGREEMENT

If we determine, in our sole discretion, that you or someone acting on your behalf breached these Terms in any respect, we reserve the right in our sole discretion to elect between, or select all, of the following remedies:

  • warn you that you have violated these Terms,
  • delete any and all Submitted Materials provided by you or your agent(s) to our website,
  • discontinue your registration on our website,
  • cooperate with and/or notify law enforcement authorities regarding your activities,
  • seek damages as set forth in other sections of these Terms, and any other action we deem, in our sole discretion, to be appropriate.

I. IF WE HAVE A DISPUTE

**THIS PROVISION LIMITS YOUR CHOICE OF APPLICABLE LAW, REQUIRES THAT WE ATTEND MANDATORY MEDIATION IN THE EVENT OF A DISPUTE, REQUIRES BINDING ARBITRATION, AND SETS LIQUIDATED DAMAGES THAT MAY BE AVAILABLE TO YOU.

  • 1. Choice of Law Provision
  • This website is controlled by us from our offices in the State of California, and the information provided for your use is generated in California. It may be accessed in all fifty of the United States, and in other countries. The laws and regulations of the various jurisdictions where someone may log on and view or use our website may vary from California. Therefore, you agree that any claim arising out of, relating to, or concerning your use of our website and Products, whether arising out of contract, tort, or other cause of action, shall be governed by the laws of the State of California without regard to its conflict of law provisions.

  • 2. Mandatory Mediation Before Filing Claim
  • Should any controversy or claim arising out of or relating to this Agreement, including the actual or alleged breach thereof, the parties agree to mediate their dispute through ADR Services, Inc., Judicate West, the American Arbitration Association, National Conflict Resolution Center or a similar alternative dispute resolution organization as a prerequisite to filing a claim as specified below. The parties jointly will share in the cost of the mediator.

  • 3. Mandatory Binding Arbitration
  • If mediation fails, the parties agree that their dispute shall be resolved by binding arbitration conducted in the County of San Diego through the ADR Services, Inc., the American Arbitration Association, Judicate West, or another dispute resolution service mutually agreed upon offering arbitration, to be conducted according to the AAA Commercial Arbitration Rules. The failure of a party to appear at or participate in any hearing or other portion of the arbitration proceeding shall not prevent any such hearing or proceeding from going forward, and the arbitrator is empowered to make a decision and render an award ex parte which shall be binding on such Party as though the Party had participated in such hearing or proceeding. The parties jointly will share in the cost of the arbitrator.

  • 4. Prevailing Party Costs
  • For any legal action, arbitration or other proceeding brought involving a dispute between the parties or arising out of the execution of this Agreement, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees incurred in such action or proceeding, in addition to any other relief to which such party may be entitled.

  • 5. Jurisdiction if Claim Goes to Court
  • To the extent the Mandatory Binding Arbitration provision of these is determined by a Court of law or an arbitrator to be unenforceable, you and we agree to submit to the exclusive personal jurisdiction and venue of the Superior Court of San Diego County, California, and the United States District Court for the Southern District of California with respect to such dispute.

  • 6. Liquidated Damages
  • To the extent an arbitrator or a Court disregards as unenforceable or unconscionable the limitation of liability provisions of these Terms, or otherwise allows you to seek damages relating to or arising from these Terms, our website or our Products, you agree that the any aggregate liability of HR4Less, including its affiliates, agents, employees, attorneys, officers and directors, arising as a result of your use of this website and the Products will be liquidated at one thousand dollars ($1000.00). This amount is based a variety of factors including that determining actual damages would be costly, and the contract value is relatively low.

J. CHANGES TO OUR TERMS

  • 1. Our Changes
  • We reserve the right to change, modify or update these Terms at any time, in our sole discretion, without your prior notice or agreement. We will post our modifications on our website. We are not obligated to maintain and update this website and you agree that we do so in our sole discretion.

  • 2. No Obligations
  • We are not obligated to maintain and update this website and you agree that we do so in our sole discretion.

  • 3. Notice to You of Changes
  • Each time you use this website, or any portion of this website, you agree to be bound by the Terms as changed or existing when you access this website. Such new or modified terms and conditions supersede all prior agreements entered into between you and us. We encourage you to review the Terms, each time you enter the website so you understand your legal rights and obligations.

    We may, in our discretion, post any date of modification of these Terms but are not obligated to do so and our failure to do so does not constitute lack of notice to you.

  • 4. Your Use is Your Acceptance
  • If you do not accept the modified Terms that may appear when you access this website, you may not use this website. Your continued use of our website and Products is your express agreement that you accept the terms of Agreement as modified or amended.

  • 5. Your Request for Modification
  • You may request modification of any term in the Agreement, but such requested modifications will take effect only by our express written agreement.

K. Severability

If any of the Terms contained herein are determined to be invalid or to conflict with the law under which these Terms are to be construed, (i) all remaining Terms will continue to be in full force and effect, and (ii) any invalid or conflicting provisions will be interpreted, to the greatest extent allowed by law, to reflect the original intention of the parties in accordance with the applicable law