(Last Reviewed October 20th, 2020)
Welcome to the Personnel Technology website, (the "Site"). The Site is a copyrighted work belonging to Personnel Technology LLC, a North Carolina limited liability company ("Personnel Technology"). Personnel Technology grants you the right to use the Site subject to the terms and conditions ("Terms") set forth below.
Please Review These Terms Carefully Before Using The Site
THESE TERMS ("AGREEMENT") SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF THE SITE AND MATERIALS HEREON. THIS AGREEMENT IS ACCEPTED BY YOUR ACCESSING, DOWNLOADING, AND/OR USE OF THE SITE. YOU MAY NOT USE THE SITE OR ACCEPT THE AGREEMENT IF (I) YOU ARE NOT OF LEGAL AGE TO FORM A BINDING CONTRACT, OR (II) YOU ARE PROHIBITED BY LAW FROM RECEIVING OR USING THE SITE.
BY ACCESSING, VIEWING OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU ACCESS, DOWNLOAD, OR USE THE SITE ON BEHALF OF A COMPANY, ENTITY, OR ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU ARE AN AUTHORIZED REPRESENTATIVE OF SUCH COMPANY, ENTITY, OR ORGANIZATION WITH THE AUTHORITY TO BIND IT TO THE AGREEMENT. IF YOU DO NOT AGREE WITH ALL PROVISIONS OF THIS AGREEMENT, PLEASE DO NOT ACCESS, DOWNLOAD, OR USE THE SITE.
We reserve the right to change these Terms at any time at our sole discretion. By using the Site after any such change, you agree to comply with and to be bound by these Terms as changed. Personnel Technology reserves the right at any time and for any reason, with or without notice, to: (1) modify, suspend, interrupt or terminate operation of or access to the Site, or any portion thereof; and (2) modify or change the Site and the applicable terms and policies.
Use Of The Site
You may use the Site and the information hereon solely for legal purposes and not to enable or cause any illegal activity.
What You Cannot Do Through The Site
In addition to other limitations set forth in these Terms, by using the Site, you agree not to: (1) use any data mining, robots or similar data gathering and extraction methods in connection with the Site; (2) interfere with the operation of the Site or our Services or with any other person's use of the Site or Services; (3) impose an unreasonable burden on the Site or network; (4) breach, or attempt to breach, the security of the Site or our Services; (5) gain unauthorized access to the Site, Services or any part thereof; (6) use the Site for any purpose that is beyond the scope of the Site's expected use, illegal or prohibited by these Terms; (7) solicit any activity, unlawful or otherwise, that infringes Personnel Technology's rights or the rights of any other party; and (8) use the Site to transmit spam, junk email, bulk email, promotions, or other solicitations, content that includes any advertising or marketing materials; content that may be deemed unlawful, threatening, harassing, racist, abusive, libelous, pornographic, vulgar, defamatory, obscene, indecent, or otherwise inappropriate, including any messages constituting or encouraging criminal conduct; content that violates or infringes on our legal rights or copyrights, or the legal rights or copyrights of others; or viruses, bugs, worms, or any other computer code that may harm a network, computer, server, hardware, software, or telephone equipment.
Personnel Technology Services & Software
If you use, access or download any of Personnel Technology's software or services, you will be subject to the terms of Personnel Technology's End User License Agreement, which can be found at www.essper.com .
If you enter data through the Site, you agree to provide accurate and truthful information about yourself. If you register for Services or otherwise open an online account through the Site, you are responsible for keeping your account current. You are also responsible for any activity that occurs under your account and you are entirely responsible for the security and secrecy of your account login information and for all activity that occurs on your account as a result of your failure to maintain the security or secrecy of your account login information. You agree to notify Personnel Technology immediately of all unauthorized use of your account and if the security or secrecy of your account login information has been compromised. You may be held responsible for any losses incurred by Personnel Technology or any other user of the Site that are in any way related to your failure to maintain the security of your account information.
Unless otherwise stated, all intellectual property, materials, works, software, code and other functions used in conjunction with the Site, including, but not limited to, text, graphics, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the Site, as well as their selection and arrangement and "look and feel" (collectively, the "Content") are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and any unauthorized use of the Content may violate such laws and these Terms. Except as expressly provided herein, Personnel Technology does not grant any express or implied rights to use the Content. You agree not to copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, create derivative works based on the Content or their selection and arrangement on the Site, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, any of the Content, the Site or any related software, except as expressly authorized herein. The Site may also make available materials, information and services provided by third parties, such as photographs, text, graphics, pictures, sound, video, information and software applications (collectively, the "Third Party Content"). The Third Party Content may be governed by separate license agreements that accompany such content. Third Party Content is not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. Personnel Technology offers no guarantees and assumes no responsibility or liability of any type with respect to the Third Party Content, including any liability resulting from incompatibility between the Third Party Content and the Content offered by Personnel Technology. You agree that you will not hold Personnel Technology responsible or liable with respect to the Third Party Content or seek to do so.
"Essentail Personnel" and the related Personnel Technology graphics, logos, designs, page headers, button icons, scripts and Site names are trademarks in the United States and other countries. Our trademarks and trade dress, as well as third party trademarks, logos and Site marks contained on the Site, may not be used in connection with any product or Site in any manner that is likely to cause confusion and may not be copied, imitated or used, in whole or in part, without the prior written permission of Personnel Technology or such third party that may own the mark.
Notice Of Copyright Infringement
If you believe in good faith that information contained on the Site infringes your copyright, please provide us with written notification and we will review all claims of copyright infringement received and remove content that we deem, in our sole discretion, to have been posted or distributed in violation of any such laws.
You agree to defend, indemnify and hold harmless Personnel Technology, its members, managers, directors, officers, shareholders, employees, agents, representatives, predecessors, successors in interest, subsidiaries, affiliates, licensors and suppliers from and against any and all claims, charges, complaints, damages, losses, liabilities, costs and expenses (including reasonable attorneys' fees) due to, arising out of or relating in any way to your use of, or access to, the Site.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE SITE IS AT YOUR SOLE RISK AND THAT THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT UNDERTAKE ANY OBLIGATION TO UPDATE INFORMATION ON THE SITE OR TO VERIFY INFORMATION FROM THIRD PARTIES.
Limitation Of Liability
Except where prohibited by law, in no event will Personnel Technology, its members, managers, directors, officers, shareholders, employees, agents, representatives, predecessors, successors in interest, subsidiaries, affiliates, licensors and suppliers be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages that result from: (1) your use of, or inability to use, the Site; (2) the performance of the Site; or (3) the conduct of other users of the Site, even if Personnel Technology has been advised of the possibility of such damages. You assume total responsibility for your use of the Site. Your only remedy against Personnel Technology for dissatisfaction with the Site is to stop using the Site. If, notwithstanding the terms herein, Personnel Technology is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site, Personnel Technology's liability shall in no event exceed $100 US Dollars. In addition to the forgoing limitations of liability, you agree that you will not join any claim against Personnel Technology with the claim of any other person or entity in a lawsuit, arbitration or other proceeding; that no claim you have against Personnel Technology shall be resolved on a classwide basis; and that you will not assert a claim in a representative capacity against Personnel Technology on behalf of anyone else.
Controlling Law And Severability
This Agreement shall be construed in accordance with the laws of the State of North Carolina, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts located in the Eastern District of the State of North Carolina. If a court of competent jurisdiction finds any provision or portion of these terms and conditions unenforceable, the remainder shall continue in full force and effect.
The parties agree that a material breach of this Agreement adversely affecting Personnel Technology's intellectual property rights in the Site may cause irreparable injury to Personnel Technology for which monetary damages would not be an adequate remedy and Personnel Technology shall be entitled to equitable relief (without a requirement to post a bond) in addition to any remedies it may have hereunder or at law.