WELCOME to TLC Employer Services, Inc., a Colorado corporation (hereinafter sometimes “we”, “us” or “our”).
By accessing our servers, websites (sometimes “site”) or content therefrom (collectively “Content”) you agree to
We may, in our sole discretion, modify these TOU at any time effective upon posting the modified TOU on our website, with or without notice to you. You are responsible for regularly reviewing information posted on our site and if you do not agree to the modified TOU you agree to cease using and/or accessing Content.
2. INTELLECTUAL PROPERTY, LAWS AND REGULATION:
Access to this site is subject to all applicable international, federal, state and local laws and regulations. You agree not to use the site in any way that violates such laws. The Content is the property of TLC Employer Services, Inc., and is protected by copyright, trademark and other intellectual property law. You may not use any trademarks, logos, and service marks for any purpose without our written permission.
You must be 18 years of age to access Content or have permission from your legal guardian to access Content as required by law. You agree not to use or provide software, except for general purpose web browsers and email clients, or services that interact or interoperate with Content; for example for downloading, posting, flagging, emailing, searching or mobile use. Unsolicited, unlawful and/or spam postings and email are prohibited. You agree not to collect users’ personal and/or contact information. You may not copy, modify, distribute, sell, license or otherwise use any Content for commercial or public purposes, whether such use is direct or derivative. You may not modify, move, delete, add, or otherwise tamper with the Content nor may you decompile, reverse engineer, disassemble or use or reproduce any software or Content.
Your agree that you are not using this site to provide content that is infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory or otherwise violates any relevant law or right of any other individual. We may receive information and Content from third parties and, as such, we make no warranty or representation as to the accuracy of such information.
To the extent that information is provided to you based on your input of information into the site you are responsible for the accuracy of such information and agree to indemnify and hold us harmless from any damages which result therefrom, including reasonable attorney fees.
You agree we may moderate Content access and use in our sole discretion by any means we deem appropriate including, but not limited to, filtering, deletion, delay, omission, verification, access to our Content, access to your account, and/or termination of your account. We are not liable for any moderating, not moderating or representations as to moderating and nothing we say or do waives our right to moderate or not.
5. PERSONAL INFORMATION:
We do everything we can to ensure that your personal and financial information is protected; however, you agree that we are not liable for any theft or inadvertent disclosure of your personal and financial information.
6. THIRD PARTIES:
Unauthorized use of links and sites and the framing of any Content on the site is prohibited. We have no responsibility for material or content on other websites that may contain links to our site. We may provide links to third party sites or content providers and we make no representation or warranty regarding the content of such third party sites.
We are not responsible for any delays or other damages caused by third parties including, without limitation, delays by financial institutions in processing payments. We may use third parties in providing you services and/or Content. To the extent you suffer any damage or loss as a result of such third parties, whether contracted by us or otherwise, you agree that we are not liable to you for such damage or loss and you will defend and hold us harmless from the same, including attorney’s fees.
If you are referred to a third party by us we make no representation or warranty regarding such third party including, without limitation, their qualifications, experience, expertise or results. You agree to defend and hold us harmless from any damage or loss you suffer as a result of the acts or omissions of such third party.
7. PASSWORD PROTECTED AREAS:
Use or access to password protected areas of the site is limited to authorized users of such areas. Unauthorized access to such areas is prohibited.
Many jurisdictions have laws protecting you/consumers and limiting your/their ability to waive certain rights and responsibilities. We respect such laws, nothing herein shall waive rights or responsibilities that cannot be waived; provided, however, that, to the extent allowed by law, the laws of the State of Colorado shall govern such laws protecting you/consumers.
To the extent permitted by law:
1. We make no promise as to Content, its completeness, accuracy, availability, timeliness, propriety, security or reliability.
2. Your access and use are at your own risk and Content is provided “AS IS” and “AS AVAILABLE”.
3. TLC EMPLOYER SERVICES, INC. AND OUR OFFICERS, DIRECTORS AND EMPLOYEES DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT AND ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFIT, REVENUE, DATA OR GOODWILL OR ANY DAMAGE TO EQUIPMENT USED TO ACCESS CONTENT. WE ARE NOT LIABLE FOR ACTS OF GOD, UTILITY DISRUPTION AND/OR PROBLEMS OR ISSUES THAT ARISE WITH THE WORLD WIDE WEB/INTERNET GENERALLY. IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED $100 OR WHAT YOU HAVE PAID TO US IN THE PAST YEAR, WHICHEVER IS LESS.
YOU ARE LIABLE FOR ANY DAMAGES, WHETHER INCIDENTAL, SPECIAL CONSEQUENTIAL OR PUNATIVE, AND ANY OTHER LOSS ANYONE MAY SUFFER AS A RESULT OF YOUR USE OF OUR SITE OR REPORTING ANYONE THEREON.
You agree to submit any claim or controversy against us, however arising, to binding arbitration and that any such claim or controversy must first be submitted to arbitration in accordance herewith before instituting any action or proceeding in a court of competent jurisdiction. The arbitration shall be administered by the American Arbitration Association, or such other arbitrator as may be selected by us, in our sole discretion, and shall comply with the applicable arbitration rules, codes and protocols of the American Arbitration Association (i.e. Commercial Arbitration Rules and Mediation Procedures (Including Procedures for Large, Complex Commercial Disputes)) or other such rules as promulgated by the arbitrator selected by us, in our sole discretion. You agree that a judgment of any court having jurisdiction may be entered upon the award provided for by the arbitrator.
10. CHOICE OF LAW:
All claims or controversies, including arbitration, shall be governed by the laws of the State of Colorado and shall be brought in the state courts of Colorado located in Larimer County, Colorado.