Terms and Conditions of Use
This Web Site is intended solely for attorneys who concentrate in employment law, in-house employment counsel, and experienced human resource professionals who work as employee relations and/or employee benefit specialists ("Intended User"). By using this Web Site, you represent and warrant that you are an Intended User.
- WEB SITE RULES
- Violate any applicable law, code, regulation or rule or to plan, encourage or help others violate any applicable law, code, regulation or rule;
- Use the Web Site for commercial purposes or engage in activity that competes directly with the Web Site;
- Harass, insult, offend, threaten, intimidate, embarrass, distress or invade the privacy of any individual or entity;
- Post on or transmit through this Web Site any commercial, advertising or promotional materials, including without limitation, "spam" or mass distributions;
- Post or transmit false, unlawful, inappropriate, improper, disorderly, defamatory, obscene, vulgar, pornographic, profane indecent or excessive messages or information;
- Provide false or misleading information about another person, entity or yourself, including, but not limited to impersonating any person or entity or falsely stating or otherwise misrepresenting your professional or other affiliation with any person or entity;
- Post any or provide a link to any material that infringes upon any third party's copyright, trademark, patent or other intellectual property rights;
- Restrict, interfere or inhibit any other user from using or enjoying the Web Site;
- Post or transmit any information, e-mail, software or other material which contains a virus, Trojan horse or other harmful component;
- Post or transmit any content that encourages or provides instructional activities about illegal activities;
- Resell, redistribute, broadcast or transfer the information or use the information in a searchable, machine-readable database;
- Use the Web Site to collect personally identifying information about users of the Web Site.
ELIN reserves the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in this Web Site, including the right to block access from a particular Internet address to the Web Site.
- Violate any applicable law, code, regulation or rule or to plan, encourage or help others violate any applicable law, code, regulation or rule;
- PROPRIETARY RIGHTS
Do not sent confidential or proprietary information to ELIN. ELIN does not want to receive such information from you. Any information or materials sent to ELIN is deemed to be not confidential and by sending any information or materials, posting messages, uploading files, inputting data, or engaging in any form of communication on the Web Site, you grant ELIN and the public an unrestricted, royalty free, irrevocable, perpetual, non-exclusive, worldwide license to use, copy, modify, adapt, document, reproduce, sublicense, display, perform, transmit and distribute those materials or information or any underlying work in which you may possess proprietary rights, including, but not limited to, copyright rights; likewise, you agree that ELIN is free to use any ideas, concepts, know-how or techniques that you send us for any purpose.
You and all other users of the Web Site are therefore deemed to have disclaimed or waived all copyright ownership rights in their messages or files, even if they contain copyright notices. You shall have absolutely no recourse against ELIN for any alleged or actual infringement of any proprietary rights to which you may claim ownership.
Your use of the Web Site affords you access to many of the features of our system, but some aspects of our system remain within our exclusive proprietary control. We or our suppliers own the intellectual property rights to any and all protectable components of our system, including but not limited to the computer software, the related documentation, the "look and feel," the end-user interfaces, the name of our system, many of the individual features, databases, and the collective works consisting of sequences of all hypertext links and public messages on our system. You may not reproduce any sequence of messages from our system, either electronically or in print, without our permission. You may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the system which we or our suppliers own.
ELIN will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) required by law to do so, (b) you provide permission to use your name, or (c) we first notify you that your submission(s) will be published or otherwise used with your name on it.
- GENERAL DISCLAIMERS; DISCLAIMERS OF WARRANTY
The services and content provided on this Web Site may be outdated, incomplete, inaccurate, contain typographical errors, or otherwise in error; such faults may be the result of human or mechanical error or failure. Such content includes, but is not limited to, all information, documents, graphics and images contained on this Web Site.
ELIN is not obligated and makes no commitment or promises to modify, update or correct what is contained in or through this Web Site. Furthermore, ELIN reserves the right to temporarily or permanently modify, alter, discontinue or delete any information contained on the Web Site without prior notice.
NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER ARE MADE AS TO THE ACCURACY, ADEQUACY, RELIABILITY, CURRENTNESS, COMPLETENESS, SUITABILITY OR APPLICABILITY OF THE INFORMATION FOUND ON OR THROUGH THE WEB SITE TO A PARTICULAR SITUATION. ALL INFORMATION SHOULD BE INDEPENDENTLY VERIFIED BEFORE BEING RELIED UPON. ELIN DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, OR INACCURACY OF LAW OR FACT IN THE INFORMATION OR DOCUMENTS PRESENTED, PREPARED OR CONTAINED ON THIS WEB SITE.
THE WEB SITE AND INFORMATION PROVIDED ON, FROM OR THROUGH THE WEB SITE IS PROVIDED "AS-IS," "AS AVAILABLE," AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY OR THROUGH THE WEB SITE. THE INFORMATION PROVIDED ON, FROM OR THROUGH THE WEB SITE MAY CONTAIN ERRORS, PROBLEMS OR OTHER LIMITATIONS.
ELIN DOES NOT WARRANT THAT USE OF THE WEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS NECESSARY TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN FROM THE WEB SITE IS FREE OF VIRUSES, WORMS OR TROJAN HORSES. THE INFORMATION HEREIN MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. ELIN ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT CONTAINED ON THIS SITE, REGARDLESS OF THE REASON FOR OR CAUSE OF ANY ERROR OR OMISSION. IT IS POSSIBLE THAT THE ORIGINAL FORM OF THE INFORMATION OR DOCUMENTS MADE AVAILABLE DIFFERS FROM THAT PRESENTED ON THIS OR ANY LINKED WEB SITE BECAUSE OF ALTERATION, MECHANICAL FAILURE, ERROR IN TRANSMISSION, FAILURE IN REPRODUCTION, OR FOR OTHER REASONS.
The law firms and companies included or described on the Web Site are not associated or affiliated with ELIN. ELIN does not certify or endorse any such law firm or company, nor do the law firms and companies endorse the information provided on this site. ELIN does not represent or endorse the accuracy or reliability of any information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the law firms or companies listed on this Web Site, nor the quality of any products, information or other materials displayed, purchased, or obtained by you as a result of an advertisement or any other information or offer in or in connection with this Web Site or that of a law firm or company listed on this Web Site. You hereby acknowledge that any reliance upon any information, content or advertisements on this Web Site or that of any law firm or company shall be at your sole risk. ELIN reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of this website.
ELIN makes no representation that materials on the web site are appropriate or available for use in all geographic locations, including those outside the United States, and accessing them from territories where Web Site contents are illegal is prohibited. Those who choose to access this Web Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
- HYPERTEXT LINK DISCLAIMER
THIS WEB SITE CONTAINS LINKS TO OTHER WEB SITES, WHICH ARE PROVIDED FOR YOUR CONVENIENCE. THE LINKS CONTAINED ON THIS WEB SITE LET YOU LEAVE THIS WEB SITE. WHEN YOU ACCESS A LINKED WEB SITE, PLEASE UNDERSTAND THAT IT IS INDEPENDENT FROM ELIN, AND THAT ELIN HAS NO CONTROL OVER THE CONTENT ON THAT WEB SITE.
ELIN MAKES NO REPRESENTATIONS WHATSOEVER ABOUT ANY OTHER WEB SITE WHICH YOU MAY ACCESS THROUGH ELIN. THE CONTENT ON THESE SITES AND THE INFORMATION PROVIDED HAS NOT BEEN APPROVED, VERIFIED OR COMPLETELY REVIEWED BY ELIN. ELIN DOES NOT CONTROL OR GUARANTEE THE ACCURACY, VALUE, INTEGRITY, AUTHENTICITY, RELEVANCE, TIMELINESS, CURRENTNESS OR COMPLETENESS OF THIS CONTENT OR INFORMATION. THE INFORMATION CONTAINED ON LINKED SITES IS BELIEVED TO BE TRUE BUT NOT GUARANTEED; IT SHOULD BE INDEPENDENTLY VERIFIED BEFORE BEING RELIED UPON. AGAIN, ELIN IS PROVIDING THESE LINKS TO OTHER INTERNET SITES AS A CONVENIENCE TO YOU AND FOR REFERENCE ONLY. ACCESS TO ANY OTHER LINKED INTERNET SITES LINKED IS AT YOUR OWN RISK. ELIN MAKES NO REPRESENTATION OR WARRANTY CONCERNING THE QUALITY OR ANY OTHER CHARACTERISTIC OF THESE SITES.
THE INCLUSION OF LINKS TO EXTERNAL SOURCES IS NOT INTENDED TO REFLECT THEIR IMPORTANCE, NOR IS IT INTENDED TO ENDORSE ANY VIEWS EXPRESSED, OR PRODUCTS OR SERVICES OFFERED, ON THESE OUTSIDE SITES, OR THE ORGANIZATIONS SPONSORING THE SITES. THE CONTENT AVAILABLE ON ANY LINKED INTERNET SITE DO NOT NECESSARILY REFLECT THE OPINION OF ELIN.
THESE LINKS MAY LEAD TO SITES OR LINKS THAT CONTAIN OFFENSIVE AND OBJECTIONABLE CONTENT OR WHICH MAY CONTAIN DANGEROUS COMPUTER VIRUSES. IT IS UP TO YOU TO TAKE PRECAUTIONS TO ENSURE THAT WHATEVER YOU SELECT FOR YOUR USE IS FREE OF SUCH ITEMS AS VIRUSES, WORMS, TROJAN HORSES AND OTHER ITEMS OF A DESTRUCTIVE NATURE. YOU ASSUME, AND WE HEREBY DISCLAIM, ALL RESPONSIBILITY FOR ANY OF THE CONTENT ON THESE SITES OR FOR ANY DAMAGE SUSTAINED BY USERS OF THESE SITES.
You should contact the site administrator or Webmaster of the linked-to site if you have any concerns regarding a linked site.
For your convenience, some links contained on this web site may be to web pages other than a web site's home page (hereinafter referred to as "Deep Links"). Deep Links may bypass other pages of a web site or information relating directly or indirectly to the page or information that is Deep Linked. YOU ARE SOLELY RESPONSIBLE FOR ANY PAGE OR INFORMATION THAT RELATES TO THE DEEP LINKED PAGE OR INFORMATION. THAT INFORMATION INCLUDES, BUT IS NOT LIMITED TO, LOCATING (WHEREVER FOUND ON THE LINKED SITE) AND REVIEWING ANY AND ALL DISCLAIMERS, OTHER LIMITATION OF RIGHTS, OR INFORMATION PERTAINING TO THE LINKED SITE AND/OR THE INFORMATION PROVIDED ON, BY OR THROUGH THE LINKED SITE.
- LIMITATION OF LIABILITY
YOUR USE OF THE WEB SITE IS ENTIRELY AT YOUR SOLE RISK.
ELIN, ITS OFFICERS, EMPLOYEES, ANY OF ITS AFFILIATES, PARTNERS, LICENSORS, PARTICIPATING PUBLISHERS, THIRD PARTY CONTENT OR SERVICE PROVIDERS, OR AUTHORS, ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, BUSINESS INTERRUPTION, LOSS OF PROFITS, LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION SYSTEM OR OTHERWISE, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE FOR ANY USE OF THIS WEB SITE, OR ANY OTHER LINKED WEB SITE, EVEN IF ELIN OR ANY OF ITS SUBSIDIARY COMPANIES, AFFILIATES, PARTNERS OR SUPPLIERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING LIABILITY IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM A USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEB SITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEB SITE.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ELIN, ITS OFFICERS, EMPLOYEES, ANY OF ITS AFFILIATES, PARTNERS, LICENSORS, PARTICIPATING PUBLISHERS, THIRD PARTY CONTENT OR SERVICE PROVIDERS, OR AUTHORS IS NOT BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEB SITE.
IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN ELIN AND YOU. THE INFORMATION AND SERVICES PROVIDED FROM THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
SOME STATES DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF ELIN, THIRD PARTY CONTENT PROVIDERS AND THEIR RESPECTIVE AGENTS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
ELIN reserves the right to assume exclusive control of any defense or any matter subject to indemnification by you, and you agree to cooperate with us in such event.
- NO ENDORSEMENT OR LEGAL ADVICE PROVIDED; NO ATTORNEY-CLIENT RELATIONSHIP CREATED; NOT A LAWYER REFERRAL SERVICE
ELIN DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE ON OR THROUGH THE WEB SITE (INCLUDING THOSE CONTAINED IN THE DISCUSSION FORUM, LINKED WEB SITES, ARTICLES OR OTHER MATERIALS). THE INFORMATION PROVIDED, PRESENTED OR MADE AVAILABLE IS FOR GENERAL INFORMATION PURPOSES AND INTENDED SOLELY AS INFORMAL GUIDANCE; IT IS NOT A DETERMINATION OF YOUR LEGAL RIGHTS, NOR YOUR RESPONSIBILITIES UNDER THE LAW. THE INFORMATION SHOULD NOT BE RELIED UPON FOR LEGAL ADVICE. NONE OF THE INFORMATION CONTAINED ON THIS WEBSITE IS, OR SHOULD BE CONSTRUED, AS LEGAL ADVICE AND ELIN IS NOT ENGAGED IN THE PRACTICE OF LAW. NOTHING CONTAINED IN, TRANSMITTED THROUGH, OR RECEIVED FROM THIS WEB SITE SHALL CREATE AN ATTORNEY-CLIENT RELATIONSHIP.
INDIVIDUAL JURISDICTION MAY HAVE SPECIFIC RULES, STATUTES, AND CASE LAW WHICH GOVERN PARTICULAR FACTUAL SITUATIONS. STATE AND FEDERAL COURTS, GOVERNMENTAL AGENCIES, ARBITRATORS OR OTHER ADJUDICATORS MAY INTERPRET THE LAW DIFFERENTLY THAN WHAT IS STATED ON THIS OR ANY OTHER LINKED WEB SITE. IT IS YOUR RESPONSIBILITY TO CONSULT AN A QUALIFIED ATTORNEY WHO IS CAPABLE TO VERIFY THE ACCURACY OF ANY MATERIALS OR INFORMATION CONTAINED ON THIS OR ANY LINKED WEB SITE AND WHO MAY ADDRESS THE PARTICULAR FACTUAL SITUATION FOR APPROPRIATE LEGAL ADVICE AS APPLIED TO THAT SITUATION IN THE APPLICABLE JURISDICTION(S).
YOU SHOULD NOT RELY UPON OPINIONS EXPRESSED ON OR THROUGH THIS WEB SITE WHEN MAKING BUSINESS, FINANCIAL, PERSONAL OR OTHER DECISIONS OF ANY KIND. YOU SHOULD ALWAYS SEEK OUT COMPETENT COUNSEL TO OBTAIN LEGAL ADVICE.
ELIN is not, nor does it operate, a lawyer referral service. ELIN is not responsible for any advice (whether legal or not) that you may receive from anyone (whether an attorney or not) contacted as a result of visiting this Web Site. ELIN is not responsible for any attorney's qualifications, competence, diligence, or the results of any advice given or representation made by an attorney (or anyone purporting to be an attorney).
ELIN provides you with numerous documents or links to documents, such as personnel policies, personnel forms and employment law related contracts. These documents are intended to serve solely as examples; they do not constitute legal advice and may not be appropriate for your particular situation or even lawful in your jurisdiction. You are solely responsible for determining the legal requirements of your jurisdiction or other applicable restrictions, whether legal or contractual.
You are expected to observe and respect the copyright rights of the individual authors whose materials may be accessed by the links in this Web Site.
- DISCUSSION FORUM/USER WARNINGS/USER CONDUCT
You understand that ELIN has no obligation to and does not monitor its discussion forums, although we reserve the right to do so, including that ELIN may from time to time, monitor any and all information transmitted or received through the Web Site, for operational and other purposes. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of the Web Site constitutes consent to such monitoring.
ELIN does not endorse any advice or opinion contained in its discussion forums. The opinions expressed in the discussion forums reflect solely the opinions of the participants. ELIN encourages participants to be truthful and discourages misleading, false or manipulative use of the discussion forums. ELIN may take any action it deems appropriate, in its sole discretion, to maintain the quality of its services and to protect ELIN and others.
You acknowledge and agree that ELIN may, from time to time, without notice to you and its sole discretion, establish various practices, limitations and restrictions for administering Web Site services, including without limitation: how often the Web Site may be accessed; the maximum number of days that discussion forum messages or postings will be retained; the maximum number of messages or postings allowed; the size and nature of messages and postings; the maximum storage space available for services; and all other matters related to administration of services.
All right, title and interest (including all copyrights, trademarks and other intellectual property rights) in this Web Site belong to ELIN or its licensors. In addition, the names, images and other indicia identifying our products and services are our proprietary marks. All other copyrights, trademarks and other intellectual property rights referred to in this Web site belong to their respective owners.
ELIN has exclusive legal right to use the following trademarks and logos:
Unauthorized use of any ELIN trademark or logo is a violation of federal and state trademark laws.
- Web Site
ELIN reserves the right to modify this Web Site at any time. Information may be changed or updated without notice. ELIN may also make improvements and/or changes in the products and/or the programs described in this information at any time without notice. Continued use of this Web Site by you shall be deemed to indicate your acceptance to be bound by any changes to the Web Site.
ELIN may modify this Agreement at any time by posting revised terms on the Web Site. Such amendments, modifications, additions or deletions shall become effective upon notice thereof, which may be provided to you by posting on the Web Site, via email or any other reasonable means. Continued use of this Web Site by you shall be deemed to indicate your acceptance to be bound by any such amendments, modifications, additions or deletions.
- Web Site
Nothing contained in this Web Site shall be construed as conferring any license or right, expressly, by implication, by estoppel or otherwise, under any of our intellectual property rights, or under any third party's intellectual property rights, and no part of this Web site may be reproduced, republished, copied, transmitted, or distributed in any form or by any means.
- COPYRIGHT INFRINGEMENT
If you believe that any material on this Web Site infringes on any copyright which you own or control, or that any link on this Web Site directs you to another web site that contains material that infringes on any copyright which you own or control, you may file a notification of such infringement with our designated agent to have the material removed or otherwise blocked from access. Please click here to learn about the filing procedure.
- CHOICE OF LAW
This Agreement shall be treated as though it were executed and performed in Scranton, Pennsylvania, and shall be governed by and construed in accordance with the laws of the United States of America and of the Commonwealth of Pennsylvania (without regard to conflict of law principles). The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in the Court of Common Pleas for Lackawanna County and, if appropriate, the United States District Court for the Middle District of Pennsylvania, and you agree and expressly submit to the personal jurisdiction and venue of said courts and consent to extra-territorial service of process.
- INTEGRATION; SEVERABILITY; GENERAL
This Agreement incorporates by reference any notices contained on this Web Site and constitutes the entire and only agreement between ELIN and you with respect to your access to an use of this Web Site and supersedes any and all prior or contemporaneous agreement, representations, warranties, and understandings with respect to the Web Site, the content, goods and services provided by or through the Web Site, and the subject matter of this Agreement.
Any provision of this Agreement which is determined by a court of competent jurisdiction to be unenforceable in any jurisdiction shall be severable in that jurisdiction without in any way invalidating the remaining provisions of this Agreement. The unenforceability of any provision in a given jurisdiction shall not make that provision unenforceable in any other jurisdiction. Any litigation arising out of or in connection with this Agreement or your use of this Web Site must be commenced within six (6) months after the cause of action arose, or it will be permanently barred.
It is the express will of the parties that this agreement and all related documents have been drawn up in English. C'est la volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.