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Terms and Conditions

WORKIPEDIA TERMS AND CONDITIONS

These terms and conditions govern your participation in Workipedia (the “Wiki”) currently located on the web at http://www.elinfonet.com/index/employee_rights/ and part of the Employment Law Information Network, www.elinfonet.com (the “Site” or “ELIN”).  By accessing, browsing and/or using the Wiki, you acknowledge that you have read, understand, and agree to be bound by these terms and conditions and to comply with all applicable laws and regulations. You may not modify the terms, conditions, and notices contained herein. If you do not agree to these terms and conditions or find it to be unacceptable, in any manner whatsoever, you must immediately discontinue your use of the Wiki.

1.  WIKI CONTENT

The Wiki content will consist of summaries on various legal topics, organized by State (“Entries” or “Entry”).  The Entries shall not include legal advice, but only provide legal information that will assist ELIN visitors in better understanding the landscape of workplace law.  Legal information must be general and not based on a specific set of facts.

2.  SUBMISSION, REVIEW AND REMOVAL OF ENTRIES

You will submit Entries through a username and password protected interface created and maintained by ELIN.  ELIN reserves the right to alter the manner and method by which you submit Entries and/or whether it will permit you to access the Wiki.  You may not share your username or password with any other party.  Account sharing will result in immediate cancellation of your participation in the Wiki.

ELIN does not review Entries prior to being published on the Site, but retains the right, in its sole discretion, to review and modify the Entries.  ELIN may reject or remove any entry at any time and for any reason.  ELIN may cancel your participation in the Wiki at any time and for any reason.

3. LICENSE TO EXPLOIT THE CONTENT;

You hereby grant to ELIN a worldwide, fully paid up license to copy, publicly display, print, and publish the Entries.

4. ADVERTISING AND MARKETING

You agree to allow ELIN to use information regarding your participation in the Wiki in advertising and/or promotional materials as ELIN may determine. ELIN reserves discretion to market the Site as it deems appropriate, including using traditional marketing efforts such as print advertising, direct mail, and promotions and online marketing efforts such as search engine submissions, directory listings, posting to newsgroups, and revenue share programs. ELIN may also use third-party marketing representatives or agents to establish links to third party web sites and to help coordinate marketing efforts by ELIN and you.

5. YOUR REPRESENTATIONS AND WARRANTIES

You are solely responsible for any legal liability arising out of or relating to your Entries. You represent and warrant to ELIN that you have full authority to provide Entries, including, but not limited to the fact that you are a member in good standing of the bar of the state for which you are providing Entries, and that the Entries do not and will not violate any copyrights, trademarks, trade secrets or other proprietary rights of any third party or create any liability to any third party.

You further warrant that the Entries do not contain any matter that is defamatory or which may cause injury or result in damage to any third party and that the Entries do not contain any matter that is false or deceptive. You also represent and warrant that you will comply with all applicable laws, rules, and regulations regarding attorney ethics, conduct and advertising in its participation in the Wiki.

You acknowledge that any breach of your representations and warranties herein is a material breach of these terms and conditions. You shall defend, indemnify and hold harmless ELIN from and against any and all third party claims, actions, causes of action, liabilities, damages, costs, and expenses, including attorneys’ fees, arising out of or related to any facts or alleged facts which, if true, would constitute a breach of such representations or warranties.

6. DISCLAIMER OF WARRANTY

ELIN SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIM(S) RELATING TO ANY INTERNET USER’S INABILITY TO VIEW OR ACCESS ANY ENTRIES. ELIN, AND ANY SERVICES PROVIDED THEREON, ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND/OR DELAYS.

NEITHER ELIN NOR ITS AGENTS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED UNDER THE WIKI, THAT REVIEW OF ENTRIES WILL BE UNINTERRUPTED, OR THAT REVIEW OF ENTRIES OR DISPLAY OF ENTRIES OR THE ABILITY OF ANY INTERNET USER TO ACCESS ENTRIES WILL BE ERROR FREE.

7. LIMITATION OF LIABILITY

ELIN’S AND ITS AGENT’S ENTIRE LIABILITY HEREUNDER, IF ANY, FOR ANY CLAIM(S) FOR DAMAGES RELATING TO YOUR PARTICIPATION IN THE WIKI WHICH ARE MADE AGAINST THEM, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE).  IN NO EVENT WILL ELIN OR ITS AGENTS BE LIABLE FOR ANY LOST PROFITS OR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR PARTICIPATION IN THE WIKI RELATING IN WHOLE OR PART TO YOUR RIGHTS HEREUNDER, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. AGENCY & ASSIGNMENT

No payment or compensation will be made by ELIN to you.  You are participating in the WIKI solely as a volunteer.  Neither party is an agent, representative or partner of the other party. Neither party shall have the right, power or authority to enter into any agreement for or on behalf of, or to incur any obligation or liability of, or to otherwise bind, the other party. Your participation in the Wiki shall not be interpreted or construed to create an association, joint venture, partnership or employment relationship between the parties or to impose any partnership obligation or liability on either party.  You shall have no claim against ELIN hereunder or otherwise for pay or benefits of any kind.

You may not resell, assign or transfer any of your rights or obligations under these terms and conditions, in whole or in part, without ELIN’s prior written consent, and any attempt to so resell, assign or transfer will be null and void.

9. NOTICES

All notices to ELIN must be given in writing at the addresses set forth herein below, via facsimile at the number set forth therein, or by such other means as ELIN designates.

10. ENTIRE UNDERSTANDING

These terms and conditions embody the entire understanding between the parties with respect to the subject matter of your participation in the Wiki and supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter hereof.  Except as otherwise provided herein, ELIN may amend these terms and conditions upon thirty (30) days prior written or online notice.

11. GENERAL PROVISIONS

Your participation in the Wiki will be governed by and construed under the laws of the State of Pennsylvania, without regard to conflicts of law provisions. Should any provision of these terms and conditions be held to be void, invalid, unenforceable or illegal by a court of law, the remaining provisions will remain valid and enforceable. Failure to enforce any provision of these terms and condition will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained herein are inserted for convenience and do not constitute a part of the terms and conditions.

To: ELIN at: elinfonet.com, LLC/ Attn: Patrick Della Valle/ Innovation Center @ Wilkes-Barre, 7 South Main Street, Suite 219, Wilkes-Barre, PA 18701/ Fax: 570-408-9841/

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