Site Content Terms of Use Agreement and Liability Disclaimer

Agreement between User and The Employers’ Association:

This Site and its videos, documents and other associated content (hereinafter inclusively referred to as “Site”) has been produced by The Employers’ Association.  All videos, documents, information and other content included in the Site are collectively referred to herein as “Content.” When you use our Site, you agree to this Terms of Use and Liability Waiver.

Cancellation/Refund Policy

All sales are final for online course purchases. No refunds are issued for online courses once a sale is completed.

Purpose of Site

The information in our Site is for educational purposes only and is not intended to provide legal advice.  The information in our Site is by no means complete or exhaustive and therefore does not apply to all situations.

Your Account

By using this Site, The Employers’ Association grants you a nonexclusive, nontransferable, revocable license to access and use our copyrighted Site and any associated materials solely for your own personal and non-commercial use.  Our Site is protected under United States and foreign copyrights. The copying, redistribution, use or publication by you of any of the Content within our Site is strictly prohibited.  Your purchase of our products does not grant you any ownership rights to our Site.  Any breach in the terms of this agreement may result in termination of your access to the Site materials.

When you complete the purchase process, you will receive a password that will allow you to access our Content. You agree to maintain the confidentiality of your password and are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality and all activities that occur through the use of your password. You agree to immediately notify us of any authorized use of your password or any other breach of security.

Links to Third Party Sites/Third Party Services

Our Site may contain references or links to materials from third-parties.  Reference to any third-party products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation with us.  We are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will not have any liability or responsibility for, any third-party materials or websites, or for any other materials, products, or services of third-parties.  We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Copyright Infringement

We will respond quickly to claims of copyright infringement as found in our Site, according to the terms of the Digital Millennium Copyright Act of 1998 (DMCA) as found under United States law (17 USC. § 512).  If you believe any copyrights are infringed by our Site, please provide us with a written notice via mail, fax, or email that contains the following information:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
2. A description of the copyrighted work that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on our Website;
4. Your address, telephone number, and email address;
5. 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
6. 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.
   We are only required to respond to those notices that substantially comply with the above requirements.  We will investigate your claim and will notify you by the method of contact you used to file your notice with us.

Privacy

Your use of the Site is subject the Site’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use this Site strictly in accordance with these terms of use. As a condition of your use of this Site, you warrant that you will not use this Site for any purpose that is unlawful or prohibited by these terms of use. You may not use this Site in any manner which could damage, disable, overburden, or impair this Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through this Site.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the Content, in whole or in part, found on this Site. Your use of this Site does not entitle you to make any unauthorized use of any protected Content, and in particular you will not delete or alter any proprietary rights or attribution notices in any Content.

Indemnification

You agree to indemnify, defend and hold harmless The Employer’s Association, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use this Site or Content, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Provided, however, The Employers’ Association reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with The Employers’ Association in asserting any available defenses.

LIABILITY DISCLAIMER

THE CONTENT PROVIDED IN OUR SITE IS 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). OUR WEBSITE AND CONTENT MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. THE EMPLOYERS’ ASSOCIATION HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR CONTENT. THE EMPLOYERS’ ASSOCIATION CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF OUR WEBSITE OR CONTENT.  THE EMPLOYERS’ ASSOCIATION DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT OR OUR SERVICES FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT ANY SUCH ITEMS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT AND SERVICES IS DISCLAIMED. WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANY KIND THAT MAY RESULT.

IN NO EVENT WILL THE EMPLOYERS’ ASSOCIATION, ITS EMPLOYEES, CONTRACTORS, VENDORS, AFFILIATES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM YOUR USE OR MISUSE OF ANY CONTENT WHETHER SUCH DAMAGES ARISE IN CONTRACT, TORT, NEGLIGENCE, EQUITY, STATUTE OR BY WAY OF ANY OTHER LEGAL THEORY REGARDLESS OF WHETHER SUCH DAMAGES COULD HAVE BEEN FORESEEN. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE EMPLOYERS’ ASSOCIATION LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE CONTENT WE PROVIDE PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

Applicable Law

This Terms of Service Agreement shall be governed and construed in accordance with applicable federal law and the substantive laws of the State of Ohio without giving effect to the principles of conflict of laws, and you hereby consent to the exclusive jurisdiction and venue of courts in Lucas County, Ohio in all disputes arising out of or relating to the use of the Site.  Any cause of action by you with respect to our Website or Content must be instituted within one (1) year after the cause of action arose or be forever waived and barred. 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 any Content 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.