TERMS
Employment Practices Solutions, Inc. ("EPS") provides this website (the "Site") subject to your compliance with the terms and conditions set forth in these Terms of Use (the "Site Terms"). By using the Site, you agree to be bound by these Site Terms. If you do not agree to these Site Terms, you must not use the Site. EPS may at any time, in its sole discretion, revise or otherwise update these Site Terms by posting amended Site Terms on the Site and any changes will be effective immediately upon posting. Your use of the Site following the posting of updated Site Terms constitutes acceptance of those terms. Further, EPS reserves the right, at any time, to modify or discontinue, temporarily or permanently, the Site (or any part thereof) without notice, as set forth below.
No Legal Advice
The information and materials available on the Site (the "Materials") are for informational purposes only and are not intended to and do not constitute legal advice or a solicitation for the formation of an attorney-client relationship. EPS has established procedures in place with respect to business relationships, which include obtaining a signed copy of an engagement letter and clearing conflicts of interest.
Intellectual Property Rights
Ownership
All content, text, images, graphics, data, information, and other material displayed, as well as the original selection, arrangement, and presentation of such material displayed, available or present on this Site (“Content”), including any intellectual property rights in such Content (including without limitation trademarks and copyrights) (hereinafter “Intellectual Property Rights”), are the property of EPS, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws. You should assume that everything you see or read on this Site is the property of EPS or its licensors and is protected by copyright, trademark, and other proprietary rights and laws unless otherwise noted and may not be used without our written permission, except as otherwise provided in these Site Terms.
Authorized and Prohibited Uses
You may access, use and display this Site on a single computer only and download and print copies of the Content only for noncommercial, informational, personal use, without modification or alteration in any way, and only so long as you comply with these Site Terms and applicable laws. Except as may otherwise be expressly authorized by these Site Terms, you may not otherwise reproduce, sell, publish, distribute, transmit, modify, display, use or perform or create any derivative works of any of this Site or the Content or Materials without our prior written permission.
If this Site permits the emailing of certain Content or a link through the use of an “email to a friend” (or similar) icon, you may send that particular Content or link to others by email, as indicated. You agree not to infringe upon any Intellectual Property Rights or remove or modify related proprietary notices contained in this Site, the Materials or the Content.
User Content
Any content that you submit to this Site or to us (“User Content”) will be deemed to be non-confidential and may be disclosed through this Site to unknown persons on a worldwide basis without control by EPS, including for browsing, downloading, printing and other uses by such other persons or entities. You agree not to submit User Content to this Site or to us except for Content that is fully authorized for purposes of this Site and these Site Terms, and you will not infringe upon any person’s Intellectual Property Rights in connection with such submissions. It is your obligation to determine the extent to which User Content you submit is protected by applicable intellectual property laws. You agree that EPS shall have, and hereby grant to EPS, a worldwide, royalty-free, perpetual, irrevocable, sub-licensable, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to or use, in any form or media, any User Content that you submit to this Site or to us. EPS does not endorse any User Content, or third party product or service that may appear on this Site. Nothing in these Site Terms shall obligate us to use any User Content you submit or permit the posting of such Content on this Site.
Registration and Passwords
At times, we may or may not require you to have a password and provide registration details to access this Site or portions of this Site. If we do require a password and registration details, the details you provide must be correct, current and complete. If we believe that the details are not correct, current and complete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account, if any. You are responsible for maintaining the confidentiality of any password(s) you are given to access this Site or any portion hereof, and you are fully responsible for all activities that occur under your password(s). You agree to notify us immediately of any unauthorized use of your password(s). We reserve the absolute right not to issue a password to any person or entity.
User Conduct
You agree to comply with all applicable laws and regulations in connection with your use of the Site. You will not violate, attempt to violate, or knowingly facilitate the violation of the security (including access control or authentication systems) or integrity of the Site. Without limiting the foregoing, you agree not to (a) attempt or to enable others to attempt to gain unauthorized access to any other accounts, computer systems or networks connected to any EPS server or to any of the Materials or Content, through hacking, password theft or any other means; (b) attempt or enable other to attempt to obtain any Materials or Content through any means that EPS has not intentionally made available on the Site; or (c) use the Site, Content or Materials in any manner that could damage, disable, overburden, or impair any EPS server, or the network(s) connected to any EPS server, or that might interfere with any other person's access to or use or enjoyment of any Materials or Content.
Compliance With the Digital Millennium Copyright Act
EPS respects the rights of all copyright holders, and in this regard we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of this Site who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately.
Warranty Disclaimers
THIS SITE, ITS CONTENT, MATERIALS AND ITS LINKS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. EPS, ITS AFFILIATES AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS SITE (INCLUDING ITS CONTENT, MATERIALS, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Limitations on Liability and Remedies
EPS’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH EPS (INCLUDING WITHOUT LIMITATION YOUR USE OF THE SITE) IS TO DISCONTINUE YOUR USE OF THE SITE. EPS, ITS AFFILIATES, SUPPLIERS AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THIS SITE OR MATERIALS OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH EPS. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF EPS HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS EPS’S AND ITS SUPPLIERS’ OR VENDORS’ LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF EPS WILL BE LIMITED TO, IN THE SOLE DISCRETION OF EPS, EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK, OR (2) REFUND OF ANY FEES FOR THIS SITE RECEIVED BY EPS FROM YOU.
Indemnification
You agree to defend, indemnify and hold harmless EPS and its affiliates and its suppliers, and each of their respective partners, officers, directors, employees, representatives, agents and contractors from and against all demands, claims, damages, liabilities, losses, costs, expenses or harms, including without limitation attorneys’ fees, arising in connection with your use of this Site, online conduct, improper or unauthorized use of the Materials or Content, breach of these Site Terms, infringement of any Intellectual Property Rights or other proprietary rights, or dealings or transactions with other persons resulting from your use of this Site.
Dispute Resolution; Applicable Law and Forum
With respect to any and all disputes arising form or in connection with this Site or these Site Terms (including without limitation the Privacy Policy), EPS and you agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another to achieve a mutually satisfactory resolution.
These Site Terms shall be governed by the laws of the State of Texas. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Site or these Site Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The failure of EPS to exercise or enforce any right or provision of these Site Terms shall not constitute a waiver of such right or provision.
Separate Terms and Conditions
From time to time in connection with your use of and/or access to Content or Materials contained in certain areas of this Site, it may be necessary for you to consent to policies or terms and conditions in addition to these Site Terms. You should read carefully any such additional terms and conditions before making any use of such Content or Materials or areas of this Site. Any such terms will not vary or replace these Site Terms regarding any use of this Site, unless otherwise expressly stated.
Miscellaneous
The section titles in these Site Terms are for convenience only and have no legal or contractual effect. Neither the course of conduct between you and EPS, nor trade practice, shall act to modify any provision of these Site Terms. These Site Terms are not assignable, transferable or sublicensable by you. These Site Terms comprise the entire and exclusive agreement between you and EPS with respect to your use of the Site and Materials, superseding any prior agreements or negotiations between you and EPS with respect to your use of the Site.
Linking
You may link to any page of this Site, but no framing is permitted. Any link to this Site must be immediately followed by notice to EPS via email at EPS@EPSPros.com. In the event we deem your linking practices in relation to this Site to be inappropriate, we may provide you with notice concerning removal or modification of the inappropriate link, and you agree to comply with any and all requirements of EPS relating thereto. Please use an official EPS Web banner when linking to this Site. You may use such Web banner solely in connection with the link unless and until EPS gives notice that you must stop using the Web banner and/or discontinue linking to this Site.
Authority of Website Administrator
EPS may in its discretion modify, edit, translate, suspend, restrict access to or terminate this Site, these Site Terms, the Content, the Materials or any other link at any time without liability or prior notice. EPS may in its discretion terminate the browsing of, registration with and use of this Site by any user at any time without liability or prior notice for any reason, including without limitation for any breach of these Site Terms.
Good Samaritan Policy
It is EPS’s policy not to tolerate any acts of intellectual property infringement or violations of federal or state law. We will, in good faith, make our best efforts to remove, disable or restrict access to the availability of Content or Materials on the Site that, in our subjective view, is obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable, whether or not such material is constitutionally protected. This provision does not impose upon EPS any contractual obligation to undertake, or refrain from undertaking, any particular course of conduct, or to monitor the Site.
If you believe that someone has violated this policy, we ask you to promptly notify us by email at info@EPS.com. You must use this address if you want to ensure that the complaint is actually received by the appropriate party who is responsible for investigating alleged violations of this policy.
Your Obligations
Compliance
You agree to comply with all applicable laws in connection with your use of this Site.You will not engage in conduct or submit to this Site any Content or other material that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, offensive or otherwise objectionable. You will not cause damage, embarrassment or adverse publicity to EPS.
Functional Compatibility and System Abuse
If any portion of the Site accepts the submission of User Content, you will submit only User Content and material that is functionally and technically compatible with this Site. You will not attempt to and will not damage, corrupt, tamper with or infect this Site, the Content, the Materials or any information or telecommunication system of EPS with a virus or other malicious computer program. You will only use this Site for the permitted purposes stated in these Site Terms and will not engage in abusive activity with respect to this Site.
Your Cooperation and Notification
You agree to cooperate with all reasonable requests of EPS and will notify us promptly upon learning of any actual or suspected breach of these Site Terms by you or unauthorized use or abuse of this Site.
PRIVACY POLICY
We respect our clients and customers and your privacy concerns. The purpose of this privacy policy is to let you know what kind of information we collect, how we use it, with whom it may be shared, what choices you have regarding our use of your information, and how you may review and change some of the data you provide to us. Our practices are designed to comply with all laws and requirements that apply to our provision of products and services.
What Information Do We Collect and How Do We Use it?
We may collect various types of personal information from you, depending upon how you use our site. The categories of personal information we collect may include, but are not limited to: First and last name; physical address, including street name and name of a city or town; e-mail address; telephone number; and credit card number and related information. We may combine the information we collect from you with information we receive from you offline. We may use the information we collect from and about you for any of the following purposes: (1) to fulfill your requests for services; (2) to provide you newsletters written by our Consultants; (3) to contact you, including for marketing purposes; (4) to allow you to contact us; (5) to review site usage and operations; (6) to address problems with the site, our business or our products and services; (7) to protect the security or integrity of the site and our business, and (8) to further improve our products and services. By using this site and providing any information to us, you agree that you have authority and all required consents to provide us such information and you agree to these terms and consent to our storage and use of such information as specified herein.
Security
We take reasonable precautions to protect your information, but we cannot guaranty that third parties cannot wrongfully gain access, including through illegal means. We attempt to only collect sensitive information like credit card data offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a environment with security features designed for such data.
Non-Personal Information
We, or third-party service providers acting on our behalf, may use cookies or web beacons on our site. A cookie is a small text file that may be stored on the hard drive of your computer when you access the site. A web beacon is an electronic image used to recognize a cookie on your computer when you view a web page. We may use cookies and web beacons to collect non-personal information from you, including your IP address, browser type, the time and length of your visit, the pages of the site you visit and other clickstream data. This information may be used in order to: (1) improve our website; and (2) monitor site usage and analyze the behavior of site visitors. We do not collect any personal information through our use of cookies and web beacons, and we do not combine the non-personal information we collect through them with any of your personal information.
You may decline cookies, but by doing so, you may not be able to use certain features on our site. You also may be able to make some web beacons unusable by rejecting cookies.
Do We Share Your Information?
We may transfer or otherwise disclose information collected from and about you to the following entities for the following purposes: (1) Our internal Consultants for purposes of service provision; (2) to other companies, credit bureaus or government agencies in connection with issues related to fraud, credit or debt collection; (3) as necessary if we believe that there has been a violation of our site Terms of Use, of the law or of our rights or the rights of any third party; (4) to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law; and (5) if our company or substantially all of its assets are acquired, your personal information may be one of the transferred assets.
Visiting this Site
By using this site you agree not to:
- Defame, abuse, harass, stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity.
- Falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading, or inaccurate email address or other contact information.
- Restrict or inhibit other users from using the Services.
- Violate any applicable laws, rules, or regulations.
- Express or imply that any statements you make are endorsed by us.
- Engage in spamming or flooding.
- Access or use (or attempt to access or use) another user’s content without permission.
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Services or the Website.
- Remove any copyright, trademark, or other proprietary rights notices contained in or displayed on any portion of the Website.
- “Frame” or “mirror” any portion of the Website, or link to any page from the Website without our prior written authorization.
Sharing Information
By using the Website, you agree not to upload, post, email or otherwise send or transmit any material that: (1) contains viruses, worms, Trojan horses, defects, date bombs, time bombs or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Website; (2) is abusive, illegal, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights or otherwise objectionable or which may give rise to liability or violate any law; (3) is in violation of a copyright, trademark or other intellectual property or other right of any person; (4) requests personally identifiable information; or (5) contains any advertisement, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication.