1. No Legal Advice or Consultant-Client Relationship
Information contained on or made available through this Web site is not intended to and does not constitute legal advice, recommendations, mediation or counseling under any circumstance. The Web site and your use thereof does not create a consultant-client relationship. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Web site. Your use of information on the Web site or materials linked to the Web site is entirely at your own risk.
2. Forms & Documents
We may make available through the Web site sample forms, checklists, business documents and legal documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis. Documents are provided without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, currentness, accuracy, and/or appropriateness. THE DOCUMENTS ARE PROVIDED “AS IS”, “AS AVAILABLE”, AND WITH “ALL FAULTS”, AND RTR CONSULTING AND ANY PROVIDER OF THE DOCUMENTS DISCLAIM ANY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
3. Linking to the Web site
You may provide links to the Web site, provided (a) that you do not remove or obscure, by framing or otherwise, the copyright notice or other notices on the Web site, (b) your site does not engage in illegal or pornographic activities, and (c) you discontinue providing links to the Web site immediately upon request by us.
4. Errors, Corrections and Changes
Caged Bird HR does not represent or warrant that the Web site will be error-free, free of viruses or other harmful components, or that defects will be corrected. Caged Bird HR does not represent or warrant that the information available on or through the Web site will be correct, accurate, timely or otherwise reliable. The law is constantly changing and the information may not be complete or accurate depending on your particular issue. Each issue depends on its individual facts and different jurisdictions have different laws and regulations. Caged Bird HR may make changes to the features, functionality or content of the Web site at any time, and we reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Web site.
5. Third Party Content
Third party content may appear on the Web site or may be accessible via links from the Web site. Caged Bird HR is not responsible for and assumes no liability for any third party content. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect the beliefs of Caged Bird HR.
You agree to indemnify, defend and hold Caged Bird HR and its partners, members, associates, agents, attorneys, employees, subcontractors, successors, assigns, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense related to your violation of this Agreement or use of the Web site.
7. Limitation of Liability
Caged Bird HR and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from (i) any errors in or omissions from the Web site or information obtained, (ii) the unavailability or interruption of the Web site or any features thereof, (iii) your use of the Web site, (iv) the content contained on the Web site, or (v) any delay or failure in performance beyond the control of an Affiliated Party.
8. Copyrights and Copyright Agents
Caged Bird HR respects the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
A description of the copyrighted work that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Web site;
Your address, telephone number, and e-mail address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner,
its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you
are the copyright owner or authorized to act on the copyright owner’s behalf. Notice of claims of copyright infringement
on the Web site should be sent to email@example.com.
9. Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Web site and the Content and Materials provided therein.
This Agreement shall be treated as though it were executed and performed in New York, New York, and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). Any cause of action by you with respect to the Web site must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 16 and Section 17. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against any party. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in interpreting this Agreement. The headings in this Agreement are included for convenience only and shall neither affect the construction or interpretation of any provision of this Agreement nor affect any of the rights or obligations of the parties to this Agreement. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed as much as possibly consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Web site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. Our rights under this Agreement shall survive any termination of this Agreement.
Any legal controversy or legal claim arising out of or relating to this Agreement or the Site (excluding legal action taken by us or you to collect or recover damages for, or obtain any injunction relating to, intellectual property ownership or infringement), shall be settled solely by confidential binding arbitration in accordance with the commercial arbitration rules of the state of New York. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York. Each party shall bear one-half of the arbitration fees and costs incurred, and each party shall bear its own attorneys’ fees.