LaborLawCenter, LLC (“LaborLawCenter”, “we” or “us”) maintains the website www.laborlawcenter.com, including any and all content, functionality and services offered on or through the website (“Website”). The following terms and conditions (“Terms”) govern your, or your company’s, access to and use of the Website and apply to the purchase and sale of products and services through the Website. Please read the Terms carefully before you start to use the Website. By using this Website, you and your company (collectively “Customer” or “you”) are accepting and agreeing to be bound and abide by these Terms.
We may revise and update these Terms from time to time in our sole discretion. Changes are effective immediately when posted, but are not retroactive. Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You must check this page frequently so that you are aware of any changes, and immediately discontinue access and/or use of the Website if you do not want to agree to the revised Terms.
Section 1: LaborLawCenter Compliance Products, Services and Subscriptions. Through the Website, LaborLawCenter provides Customers with access to the Website and the LaborLawCenter Employment Law Compliance Tools (“LaborLawCenter Compliance Tools”), which includes products for sale, including but not limited to posters and forms (“Products”) and services, including but not limited to posting update services (“Services”), that we deliver to Customers on a subscription basis and by individual order, either digitally or in physical form, as outlined below. Not all LaborLawCenter Compliance Tools are always available through the Website or its webstore.
A. LaborLawCenter Posting Update Service (“Compliance Protection Plan” or “Subscription Services”): The Compliance Protection Plan is a subscription based tool which allows Customers access to labor law posters and posting (“Posters”) and regularly updates related thereto, in physical or electronic forms. The LaborLawCenter Compliance Tool offers Customers the ability to set up an account and register for a subscription to the Compliance Protection Plan (“Subscription”) which will track and automatically replace Posters for Customer’s locations identified in the order (“Customer Locations”) during the Subscription term. Subscriptions are offered on a 1, 2 or 3 year Subscription term. At the end of your Subscription period, you may be able to renew your subscription to the extent, and on the same terms that LaborLawCenter then generally makes commercially available to subscribers.
B. Digital Poster Sets: Digital Posters can be purchased either through a Compliance Protection Plan Subscription or as a set of required and recommended Posters. Posters are designed to be printed individually on 8 ½ x 11 paper. Digital Poster Sets are available for three hundred and sixty-five (365) days after the date of purchase. After three hundred and sixty-five (365) days, the Digital Poster Set will no longer be available to you online and would need to be repurchased.
C. Physical Posters: Physical Posters may be purchased on a stand-alone basis outside of a Compliance Protection Plan and are shipped to Customer Locations.
D. Labor Forms: Individual blank labor law forms, applications, folders, kits, surveys, trackers and calendars (“Forms”) may be purchased on a stand-alone basis outside of a Compliance Protection Plan.
Section 2: License. Subject to your compliance with the Terms, LaborLawCenter grants Customer a non-exclusive, non-transferable, non-sublicensable, revocable limited license to access and use the LaborLawCenter Compliance Tools in the regular course of business at Customer Locations.
Section 3: General Terms.
A. Products included in your selected Subscription or order may be accessed, downloaded, printed, displayed, transmitted, or shared internally as needed in the regular course of Customer’s business at the Customer Locations. Copyright notices must be retained on any transmitted or printed items. The Copyright Act (17 U.S.C.A. 107) fair use provision may allow additional uses.
B. Customer may (a) not sell, sublicense, rent, lease, distribute, display, reproduce, store, or transfer the LaborLawCenter Compliance Tools in any way that would allow non-authorized Customer Locations, affiliates, vendors or other third parties use of or access to the same, (b) not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the LaborLawCenter Compliance Tools, (c) not access or use LaborLawCenter Compliance Tools in order to build a similar or competitive website, application or service; (d) except as expressly stated herein, copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any part of LaborLawCenter Compliance Tools; (h) not remove or destroy any copyright notices or other proprietary markings contained on the LaborLawCenter Compliance Tools or on Products; or (i) not use any means to discern the source code of LaborLawCenter Compliance Tools.
C. In order to access certain features of the LaborLawCenter Compliance Tools or purchase Products or Services, you may be required to set up an account on the Website (“Account”), under which Customer will designate its Customer Locations, Subscribed Locations (as defined below), and authorized users (“Authorized Users”) and, when required by the Subscription, assign usernames and passwords to each Authorized User. You agree to (1) provide true, accurate, current and complete information about yourself or your company as promoted when setting up an Account (“Customer Data”); and (2) maintain and promptly update the Customer Data to keep it true, accurate, current, and complete. You are responsible for all activities that occur under your or your Account. Passwords shall only be used by the Authorized User to whom issued; sharing of passwords is STRICTLY PROHIBITED. Customer shall bind each Authorized User to compliance with these Terms. LaborLawCenter will be immediately notified of any loss, theft, or unauthorized use of any username, password, and/or other personal or company identification numbers that may be assigned by Customer, or any unauthorized access to or use of LaborLawCenter Compliance Tools. If you provide any information that is untrue, inaccurate, not current or incomplete, or LaborLawCenter has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, LaborLawCenter has the right to suspend or terminate your Account and refuse any and all current or future use of the Website, Product, and/or Services (or any portion thereof). You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. LaborLawCenter reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the LaborLawCenter Compliance Tools if you have been previously removed by LaborLawCenter, or if you have been previously banned from the Website.
D. Customer is solely responsible for use of the LaborLawCenter Compliance Tools and Products in compliance with all applicable laws and regulations.
E. Customer may not run or install any computer software or hardware on LaborLawCenter Compliance Tools or the LaborLawCenter network or introduce any spyware, malware, viruses, Trojan Horses, Backdoors or other software exploits.
F. Customer recognizes that while the Products and Services include information on laws and regulations, LaborLawCenter is not providing legal advice. Customer assumes sole responsibility for decisions or opinions made by Customer in the course of using LaborLawCenter Compliance Tools, Products, and/or Services and should contact a qualified attorney licensed to practice law in your state if you need legal advice.
G. Posting instructions are included and indicate, where applicable, exceptions to paper color and size. It is the responsibility of the Customer to print and/or display the Posters in a conspicuous location to be compliant with labor law posting requirements.
Section 4: Orders, Prices and Payment.
A. Order Acceptance. You agree that your order is an offer to buy, under these Terms, all Products and Services listed in your order. All orders must be accepted by LaborLawCenter or we will not be obligated to sell the Products or Services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
B. Prices. All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a Product or Service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your order total and will be itemized in your shopping cart and your order confirmation email. LaborLawCenter strives to display accurate price information, however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. LaborLawCenter reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
C. Shipping. Depending on availability, physical Products purchased from LaborLawCenter will be shipped by the business day following the order date. Shipping cost is based on delivery to Customer Location and is calculated according to the number of Products purchased. Orders will be subject to a UPS Ground Shipping standard delivery time of three to five business days, unless faster delivery is selected and paid for by Customer at checkout. Orders received after 3 p.m. Pacific Standard Time will be reviewed the following business day. Shipping and delivery dates are estimates only and cannot be guaranteed. LaborLawCenter is not liable for any delays in shipments.
D. Payment. Credit cards will be billed upon placing the order. Customer represents and warrants that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
E. Order Cancellation and Returns.
(i) Digital Products. Digital products are not returnable or refundable.
(ii) Physical Products. If you are not satisfied with a physical Product you purchased, it may be returned within 90 days of shipment. A refund of the purchase price (minus any applied discount) will be applied to the order. Shipping and handling charges are non-refundable. All physical Products returned must be in sellable condition or a 20% restocking fee may apply. LaborLawCenter reserves the right to request the items be returned as well and the customer is responsible for return shipping costs.
(iii) Custom Products. Customized orders are not returnable or refundable.
(iv) Subscription Services. Subscription Service can be cancelled after start of term, but no refund provided.
Upon expiration or cancellation of a Subscription, your rights with respect to the Products and Services provided under the Subscription will end and stop all access to and use of the LaborLawCenter Compliance Plan.
LaborLawCenter may, but is not required to, cancel, disable or suspend your Subscription at any time if they believe in good faith that your actions or failure to act (including the action or failure of Authorized Users) may (i) pose a security risk or otherwise adversely impact the Website or the LaborLawCenter Compliance Tools, (ii) constitute or enable tampering with, removing, disabling or otherwise limiting the effectiveness of any technical protections, or (iii) not comply with these Terms. LaborLawCenter has the right, but not the obligation, to immediately disable or suspend your access to and use of the Website, LaborLawCenter Compliance Tools or Subscriptions. Unless LaborLawCenter reasonably determines that immediate action is prudent, LaborLawCenter will seek to notify you of the planned disabling or suspension before it takes effect.
Section 5: Subscribed Locations for Subscription Service. When ordering a Subscription, Customer will identify the specific locations to be covered under the Subscription (“Subscribed Locations”) for each Subscription term. During a term, if a given Subscribed Location is physically moved to a new address within the same state, then the Subscription for the Subscribed Location can be transferred. A Subscription cannot be transferred from a closed Subscribed Location to a new location either inside or outside the current state.
Section 6: LaborLawCenter Intellectual Property Ownership. The Website and its entire contents, features, functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), proprietary systems (including without limitation the software, code and source code, enhancements or modifications to software which comprise such systems), and any other Products and Services incorporated into or provided through the Website are owned by LaborLawCenter, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You acknowledge and agree that the Website and its contents (including without limitation the LaborLawCenter Compliance Tools) are provided under limited authorization and/or license, and not sold, to you. You do not acquire any ownership interest in the Website or its contents (including without limitation the LaborLawCenter Compliance Tools) under these Terms, or any other rights thereto other than to use the Website or its contents in accordance with, and subject to all terms, conditions, and restrictions under these Terms. The LaborLawCenter and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Website and all content, Products, Services, and materials made available to you through the Website, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms. Proprietary systems under these Terms shall include but are not limited to: LaborLawCenter Compliance Tools, LaborLawCenter Dashboard, LaborLawCenter Compliance Check, LaborLawCenter Poster Check and the QR code on LaborLawCenter Posters, LaborLawCenter Display Check and the QR codes used with Display Check, Wall Check, Plan-o-grams, LaborLawCenter Poster Files, LaborLawCenter Update Grid, LaborLawCenter Alert and Notifier Programs, LaborLawCenter Internet Poster Program, all integrations between LaborLawCenter systems to third-party tools for the purpose of delivering poster files or invoices, and the LaborLawCenter Download Center.
Section 7: Trademarks. The LaborLawCenter word mark, our stylized LaborLawCenter logo, and all related names, logos, product and service names, designs, and slogans are trademarks of LaborLawCenter or its affiliates or licensors. You must not use such marks without the prior written permission of the LaborLawCenter. All other names, logos, product and service names, designs, and slogans on this Website or Products are the trademarks of their respective owners.
Section 8: LaborLawCenter Poster Guarantee.
A. LaborLawCenter will guarantee that all Posters, physical or digital, comply with posting requirements for each jurisdiction’s labor law(s) at the point of sale. LaborLawCenter does not provide any implied or guaranteed useful term of a given Poster as changes to posting requirements are not controlled by LaborLawCenter. If an issued Poster does not meet compliance at the time of sale, then the sole remedy of Customer will be LaborLawCenter will provide an updated Poster at no charge to the Customer.
B. LaborLawCenter guarantees that if a Customer with a paid Subscription to the LaborLawCenter Compliance Plan receives a posting violation fee during a paid Subscription period and the violation fee was the result of inaccurate content on the latest-up-to date Poster provided to Customer by LaborLawCenter, LaborLawCenter will pay the violation fine up to $25,000. This limited warranty does not apply to any violation fees imposed for violation of posting requirements.
Section 9: Customer Support. LaborLawCenter’s support team is available from 6:00 a.m.to 5:00 p.m. (U.S. Pacific Standard Time) from Monday through Friday.
Section 10: Privacy. Customer’s use of the Website and the LaborLawCenter Compliance Tools may involve the transmission to LaborLawCenter of certain personal information. Our policies with respect to the collection and use of personal information are governed by our Privacy Policy. Customer has reviewed, understood and agreed to the Privacy policy.
This Website is hosted in the United States and our services are provided from the United States. It is possible that certain information will be stored on servers in multiple other countries on the “cloud” or other similar distributed hosting platforms. If you are a user accessing our Website or services from the European Union, Asia or any other region with laws governing personal data collection, use, and disclosure that differ from United States laws, you are expressly and knowingly consenting to the transfer of your personal information to the United States and other jurisdictions as indicated above, and to our use of your personal information in accordance with our Privacy Policy.
Section 11: No Professional Advice. The information provided through the LaborLawCenter Compliance Tools (including without limitation, any Subscription and the compliance data provided through a Subscription (“Compliance Data”), is not and shall not be construed as legal, regulatory, tax, accounting, or other professional advice or sufficient to satisfy any legal, regulatory, tax, accounting, or other professional requirements. Such information has been obtained from sources we believe to be reliable; however, except as expressly provided, no guarantee is made or implied with respect to its accuracy, timeliness or completeness, and all such information is subject to change without notice. Customer shall conduct its own due diligence and seek the assistance and advice of a qualified legal, tax or accounting professional, and Customer assumes sole responsibility for decisions or opinions made by Customer in the course of using any of the LaborLawCenter Compliance Tools.
Section 12: Customer Locations and Data. Customer represents that all Customer Data is correct as of the date of any order. Customer shall either promptly provide to LaborLawCenter any revisions to such Customer Data occasioned by relocation, changes in personnel or other information provided in the order or make updates to Customer Locations, Subscribed Locations, and/or Customer Data via LaborLawCenter’ on-line tools. Customer is solely responsible for selecting and providing to LaborLawCenter the Customer Locations and Subscribed Locations it elects to be included in Customer’s Subscriptions or orders. Customer acknowledges that LaborLawCenter has no responsibility for missing or incorrect information regarding Customer Locations or Subscribed Locations or for Customer Locations or Subscribed Locations that Customer does not include in Customer’s Subscription or order. Customer acknowledges that the Compliance Data provided to Customer through a Subscription is dependent upon accurate and up-to-date Customer Data and Subscribed Locations.
Section 13: Limited Warranty. EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS, AND ANY EXPRESS WARRANTIES SET FORTH IN ANY ADDITIONAL AGREEMENT OR SPECIAL TERMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS WEBSITE, ITS CONTENT AND ALL TOOLS, PRODUCTS AND SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED TO CUSTOMER “AS IS” AND ON AN “AS AVAILABLE” BASIS. LABORLAWCENTER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AND DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS OR CLAIM OF ANY KIND RELATING IN ANY WAY TO THE USE OF THE TOOLS, PRODUCTS, SERVICES OR ANY CONTENT CONTAINED THEREIN, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NEITHER THE LABORLAWCENTER NOR ANY PERSON ASSOCIATED WITH THE LABORLAWCENTER MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE LABORLAWCENTER NOR ANYONE ASSOCIATED WITH THE LABORLAWCENTER REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY PRODUCTS, SERVICES OR TOOLS OBTAINED THROUGH THE WEBSITE WILL BE ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR ANY TOOLS, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
The LaborLawCenter word mark, our stylized LaborLawCenter logo, and all related names, logos, product and service names, designs, and slogans are trademarks of LaborLawCenter or its affiliates or licensors. You must not use such marks without the prior written permission of the LaborLawCenter. All other names, logos, product and service names, designs, and slogans on this Website or Products are the trademarks of their respective owners.LaborLawCenter strives to provide a reliable and useful experience when using the Website, but we do not guarantee that the Website or LaborLawCenter Compliance Tools will be available at any specific time and will not be liable for any reason if you cannot access the Website. You understand that LaborLawCenter cannot and does not guarantee or warrant that Products or other files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, LABORLAWCENTER WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, OR ANY TOOLS, PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY PRODUCT OR MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
Section 16: Force Majeure. LaborLawCenter will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, pandemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.
Section 17: Governing Law; Jurisdiction and Venue. These Terms shall be governed by and construed under the laws of the State of North Carolina. Each of the parties consents and agrees that all legal proceedings relating to the subject matter of these Terms shall be maintained in courts sitting within the State of North Carolina, and that jurisdiction and venue for such proceedings shall lie exclusively with such courts. Service of process in any such proceeding may be made by certified mail, return receipt requested, directed to the respective party at the address at which it is to receive notice as provided herein.
Section 18: Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITE, OR A SUBSCRIPTION OR PURCHASE OF ANY PRODUCT OR SERVICE FROM THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Section 19: Waiver and Severability. No waiver by the LaborLawCenter of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the LaborLawCenter to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Section 20: Entire Agreement. These Terms and our Privacy Policy constitute the sole and entire agreement between you and LaborLawCenter with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.
Section 21: Comments and Concerns. All other feedback, comments, requests for technical support, information regarding orders and other communications relating to the Website or the Products and Service should be directed to:
Service/Product Inquiries: [email protected]
Customer Service Inquiries: [email protected]