User Agreement
Thanks for signing up and
purchasing one or more of our video training series!
This User Agreement (the
“Agreement”) shall serve as a master agreement between you (“you,” “your” or
“user”) and SAFFIRE LEGAL, PC, a California professional corporation (“we,”
“us,” “our” or “SAFFIRE LEGAL”). By
accessing, purchasing or using our content, which includes but is not limited
to, materials, articles, videos, podcasts, audio and other types of programs
and information (the “Content”), you hereby explicitly agree to all the terms
of this Agreement.
Employment Law
Both state and federal laws govern employment law. State and federal employment laws, as well as
the cases that interpret them, are constantly changing. Further, each state has its own unique set of
laws and regulations. Therefore, one
state’s laws will not be the same as any other state’s laws.
OUR STATE CONTENT IS
SPECIFICALLY PREPARED ONLY FOR CALIFORNIA EMPLOYERS.
BECAUSE EMPLOYMENT LAWS ARE
CONSTANTLY CHANGING, THE CONTENT IS ONLY VALID AND CORRECT FOR THE CALENDAR
YEAR IN WHICH IT IS CREATED. You
agree that you understand this important point.
You agree that you will not use the Content for any purpose whatsoever
outside of the calendar year in which it was created, regardless of purchase
date. For illustrative purposes, Content
purchased in 2018 should be removed from all company systems by January 1,
2019.
The Content is being provided to you for the limited purpose of
assisting human resources (“HR”) professionals with training and onboarding
employees. It contains an overview of
some, but not all, employment issues necessary for employees to know. It is intended for general training, and
while we do our best to provide as much information as possible, we are unable
to provide you with everything you will need to know or disseminate to
employees regarding employment law; and therefore, you understand and agree
that you will seek separate legal advice before acting on your company's or
employees' specific needs.
NOTE: OUR VIDEO
CONTENT TITLED: ANTI-HARASSMENT TRAINING
FOR CALIFORNIA EMPLOYEES, DOES NOT SATISFY CALIFORNIA TRAINING REQUIREMENTS
FOR SUPERVISORY PERSONNEL UNDER CA AB1825.
Ownership and Use of Our
Intellectual Property
SAFFIRE LEGAL owns or has
permission to use or license all Content, including but not limited to, all
intellectual property rights associated with the Content. You may not modify the Content in any manner
whatsoever. Doing so violates this
Agreement, and furthermore, may materially affect or nullify the lawfulness of
the Content. Except as indicated in this
Agreement, you may not use the Content for any other reason whatsoever without
prior written permission from us. You
acknowledge that using another's intellectual property, including but not
limited to, reproducing, uploading, posting or distributing such property is
against the law and may violate our or a third party owner's rights. You also understand that unauthorized use of
the Content may lead to your personal, and possibly criminal, liability.
We grant you a personal, limited,
non-exclusive, non-transferable revocable license to access and use the Content
for the sole purpose of onboarding new employees and/or educating current
employees within your organization. You
understand this and agree that you shall not use the Content for any other
purpose whatsoever. You agree to not to
share the content with any third parties outside of your company. You agree not to copy or misuse the Content
in any manner whatsoever. You agree not
to use the Content, or your access to this or other websites affiliated with
us, for any fraudulent, illegal, malicious or libelous purposes. Furthermore, you agree not to disrupt, post
viruses, upload malware or otherwise harm us, this website or the Content. You also agree to leave all copyright and
other intellectual property notices on the Content. You understand that using the Content does
not give you any ownership or other rights to the Content.
You shall be responsible for
keeping records of attendance and any other documents necessary for your
purposes. You shall also be responsible
for your compliance with the terms of this Agreement and for your personnel's
compliance as well.
For the avoidance of doubt, the
Content is proprietary to us and shall be considered confidential for purposes
of this Agreement.
License Fees
You agree to pay license and
other fees as indicated when you chose the product(s) to purchase. Payment is due at the time of purchase via
credit card. Once you have acquired the
Content, via download or otherwise, all fees are non-cancelable and
non-refundable unless agreed to in writing by SAFFIRE LEGAL. Any failed or stopped payments shall be
immediately due and re-paid; and a late payment fee of 1.5% per month, or the
maximum rate permitted by law, shall be added per month for any late
payments.
Information Taken at Time of
Purchase
We will take personally
identifiable information from you when you sign up and purchase any Content (or
products) herein. This may include, but
is not limited to, your name, company name, e-mail address, physical address
and telephone number. This information
may be used to contact you with updates, news or to get in touch with you with
additional information, but will not be given to unrelated third parties. Any purchase you make herein shall be handled
by a third party commerce provider.
Therefore, we will not have access to your credit card information and
strongly recommend you review the provider's policies to determine how your
information will be handled.
Unfortunately, we cannot be responsible for that information.
No Attorney / Client
Relationship Created From Your Use of the Content
The Content is for informational
purposes only. The Content has been
created to provide general overviews of different topics in the field of
employment law and is not intended as specific legal advice. For specific legal advice, including but not
limited to implementing personnel policies and practices, we strongly encourage
you to consult an attorney prior to adoption or implementation of those
policies or practices. Using our Content
in any manner whatsoever does not create an attorney/client relationship
between you, your company, your employees or others and SAFFIRE LEGAL or any of
its attorneys; and neither does communicating with us regarding the
Content. An attorney/client relationship
with SAFFIRE LEGAL and/or its attorneys may only be established after we run
appropriate conflicts checks and a potential client has signed our engagement
letter agreement.
The Content as provided herein is
separate and distinct from the rendering of legal services provided by SAFFIRE
LEGAL attorneys. The Content is not
legal advice. Therefore, the protections
of the attorney/client relationship do not apply as between the parties in
relation to the Content and this Agreement.
Disclaimers
In addition to any other
disclaimers made in this Agreement, whether explicitly or implicitly, you
understand that the Content and any attendant services, materials or communications
are not legal advice or legal services.
Any information, materials or recommendations made in the Content or by
us is created to be authoritative in regard to the subject matter of a given
topic without implied warranties. SAFFIRE
LEGAL does not make any representations or warrant any results upon your use of
the Content. No warranties of any kind
are made regarding your use of the Content.
We do not guarantee the accuracy or suitability of the Content for a
particular purpose. We are not responsible
for omissions or errors contained in the Content, although we will make
reasonable efforts to correct any incorrect information when such is brought to
our attention in writing. We cannot
guarantee the uninterrupted use of the Content online or at your office or
place of business. Please note some of
the above disclaimers and warranties may not apply based on applicable
jurisdictional law.
Limitations on Liability
SAFFIRE LEGAL, its officers,
agents, affiliates, related entities, content providers, legal and other
advisors, shall not be liable for any direct, indirect, incidental, punitive or
consequential losses or damages for any reason arising out of your direct or
indirect use of the Content. This
applies even if we were advised of the possibility of such damages. In any case, we will not be liable to you for
any losses or damages that exceed the amount paid to SAFFIRE LEGAL for products
or services purchased.
Indemnification
You agree to indemnify and hold
harmless SAFFIRE LEGAL, its officers, directors, agents, employees, affiliates,
legal and other advisors from and against any and all lawsuits, liabilities,
losses, claims and damages, including costs, reasonable attorneys' fees and
expenses arising in connection with your use or misuse of the Content.
Termination
We may restrict and terminate
your access to the Content in our sole discretion if we believe you are
misusing the Content. If this occurs,
you agree to abide by our decision, and you further agree that this Agreement
applies to all use of the Content before termination; and that the terms of
this Agreement shall continue to govern all dealings between you and SAFFIRE
LEGAL in matters relating to the Content.
You agree not to use the Content after termination, and you agree not to
use the Content for any purpose outside of the calendar year in which it was
created and then licensed by you regardless of termination of this
Agreement.
GOVERNING LAW / DISPUTES
THIS AGREEMENT IS GOVERNED BY THE LAWS OF THE
STATE OF CALIFORNIA, WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAWS. YOU EXPRESSLY AGREE THAT ANY ACTION RELATING
TO YOUR USE OF THE CONTENT SHALL BE SUBJECT TO BINDING ARBITRATION TO TAKE
PLACE IN ORANGE COUNTY, CALIFORNIA. YOU
HEREBY IRREVOCABLY SUBMIT TO PERSONAL JURISDICTION IN ORANGE COUNTY,
CALIFORNIA. NOTWITHSTANDING, YOU
ACKNOWLEDGE THAT YOUR USE OR MISUSE OF THE CONTENT IS SUBJECT TO IMMEDIATE
INJUNCTIVE RELIEF THROUGH THE COURTS IN ADDITION TO ALL OTHER AVAILABLE
REMEDIES.
Notices
Any legal notice or demand herein
shall be in writing and shall be sent via registered or certified United States
mail, postage pre-paid, or sent by a nationally recognized courier, and deemed
delivered upon receipt.
SAFFIRE
LEGAL, PC
2372
Morse Ave., Suite 442
Irvine,
CA 92614
Tel:
(949) 535-5266
Miscellaneous
This Agreement constitutes the
entire agreement between you and us in relation to your use of the Content. If
any part of this Agreement is held to be unenforceable that part will be
reformed as minimally as possible, and the remainder of this Agreement shall
remain in full force and effect.
Headings of the different sections are for convenience only and shall
not affect the meaning of the provisions of this Agreement. You may not assign
your rights herein without the prior written permission of SAFFIRE LEGAL. Except for the
obligation to make payments, non-performance by either party shall be excused
to the extent performance is rendered impossible by strike, fire, flood,
governmental acts or orders, or any other reason where failure to perform is
beyond the reasonable control of the non-performing party.
This is a legally binding
agreement. By clicking the Submit
button, you hereby confirm you have read and agree to all the terms of this
Agreement.