(Last Revised: January 6, 2014)
These terms and conditions govern your use of this web site. By accessing this web site, you are acknowledging and accepting these terms of use. These terms of use are subject to change by Leave Management Solutions LLC (hereinafter “Company”) at any time and at our discretion without notice. Your use of this web site after any changes are implemented constitutes your acceptance of the changes. As a result, we encourage you to consult the terms and conditions each time you use this web site.
1. INTELLECTUAL PROPERTY
You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except for the specific modification rights that are granted to authorized users of the “Integrated Leave Management SystemTM” software under the End User License Agreement, or as otherwise expressly authorized by COMPANY, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this site is strictly prohibited without the express written permission of COMPANY or the purchase of a proper use license that grants certain modification rights. For information on requesting such permission, please contact us at (866) 838-7188 or info@LeaveManagementSolutions.com.
In the event that you become (or already are) a customer or reseller of COMPANY, you are also bound by the applicable End User Licensing Agreement or Reseller Licensing Agreement that further governs your use of COMPANY’s products.
2. NO PROFESSIONAL ADVICE
The products and/or services sold on this web site are not to be interpreted as legal, financial, or medical advice. You should consult your attorney, financial advisor, or physician if you need advice for your specific situation.
3. EARNINGS DISCLAIMER
The products sold on this web site are also not to be interpreted as a promise or guarantee of earnings by COMPANY. Your level of success in attaining the results from using COMPANY’s products and information depends on the time you devote to your business, ideas and techniques used, your finances, knowledge and various skills.
Since these factors differ among each individual, COMPANY cannot guarantee your success or income level, nor is COMPANY responsible for any of your actions. Any and all forward-looking statements on this web site or in any of COMPANY’s products are intended to express COMPANY’s opinion of the earnings potential that some people may achieve.
But many factors will be important in determining your actual results, and COMPANY makes no guarantees that you will achieve results similar to its or anyone else’s. In fact, COMPANY makes no guarantees that you will achieve any results whatsoever from the ideas and techniques contained on its web site or in our products.
To the extent that COMPANY included any case studies or testimonials on this site, you can assume that none of these stories in any way represent the “average” or “typical” customer experience. Where such testimonials are used, COMPANY has done its best to include a clear disclaimer to indicate what COMPANY has found the typical customer experience to be.
4. THIRD PARTY REFERENCES / HYPERLINKS
This site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of COMPANY, and you acknowledge that COMPANY is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by COMPANY or any association with its operators.
5. CONTACTING US
If you need to contact us, you can email us at info@LeaveManagementSolutions.com, call us at (866) 838-7188, or send us a letter at: PO Box 2625/304 Highway 4, Murphys, CA 95247.
6. DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. COMPANY AND ITS AGENTS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
7. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
8. INDEMNIFICATION
Upon a request by COMPANY, you agree to defend, indemnify, and hold COMPANY, its other affiliated companies, and resellers harmless, and their employees, contractors, officers, and directors, from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this site.
9. SEVERABILITY AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the entire agreement between you and COMPANY with respect to this site and supersedes all prior or contemporaneous communications between you and COMPANY with respect to this site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
10. JURISDICTION
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California. You hereby consent to resolve any disputes arising under these Terms and Conditions first through mediation in Calaveras County, California. If such mediation is unsuccessful, you then agree to submit to binding arbitration in Calaveras County to resolve any remaining disputes.