Your Employee Handbook Publications
User License Agreement
IMPORTANT NOTICE: This License Agreement explains what you may and may not do with “YOUR EMPLOYEE HANDBOOK”, “YOUR EMPLOYEE HANDBOOK Supervisor’s Guide”, “YOUR EMPLOYEE HANDBOOK Companion Forms”, and “YOUR EMPLOYEE HANDBOOK Employer’s Poster Kit”, known collectively as “YOUR EMPLOYEE HANDBOOK”, including “YOUR EMPLOYEE HANDBOOK FOR CONTRACTORS”, “YOUR EMPLOYEE HANDBOOK FOR HEALTHCARE PROVIDERS”, “YOUR EMPLOYEE HANDBOOKFOR MANUFACTURERS”, “YOUR EMPLOYEE HANDBOOKFOR OFFICES”, “YOUR EMPLOYEE HANDBOOK FOR RESTAURANTS” AND “YOUR EMPLOYEE HANDBOOK FOR RETAILERS.” By purchasing, downloading, installing, or in any way using the YOUR EMPLOYEE HANDBOOK, you agree that you and all employees of your organization will be legally bound by this License Agreement. Please read this License Agreement carefully before you use YOUR EMPLOYEE HANDBOOK. If, after reading this License Agreement, you decide that you do not want to be bound by it, you must destroy all copies of YOUR EMPLOYEE HANDBOOK and your purchase price will be refunded.Description of Product. The subject of this License Agreement is our product, “YOUR EMPLOYEE HANDBOOK”, including the product itself as described in the IMPORTANT NOTICE above, all information and data contained in the product, and the documentation accompanying the product.
Grant of License. We grant to you the non-exclusive, limited right to use YOUR EMPLOYEE HANDBOOK to the extent provided below and in Paragraph 4 of this License Agreement.
For Use Only Within Your Single Company. You may download YOUR EMPLOYEE HANDBOOK to, or install it on, your company’s computer workstations and/or local file server. You may give your organization’s employees access to YOUR EMPLOYEE HANDBOOK over a local area network or via a secure, password-protected Intranet accessible only by employees. However, you may not download, copy, install, load, or make available or use YOUR EMPLOYEE HANDBOOK in any manner that would permit its use by not associated with your company. You may not make available YOUR EMPLOYEE HANDBOOK on a network that is publicly accessible via an Intranet, wide area network, the Internet or the World Wide Web, or on any computer that is accessible by any type of outside network, company or person.
For Use In Multiple Locations Within Your Single Company. You may also use YOUR EMPLOYEE HANDBOOK in multiple locations, on multiple computers, or with multiple users, as long as all are owned or employed by your single company, which must be the original purchasers of the product.
It is your responsibility to make certain that no one other than your organization’s employees may obtain access to YOUR EMPLOYEE HANDBOOK, and, as provided in Paragraph 6 below, you are responsible for ensuring that each of your organization’s employee-users understands and abides by the terms and conditions of this License Agreement. Your organization’s employees do not include consultants, independent contractors, subcontractors, clients, or any other third parties. You may not transfer this license to anyone without our written permission. Your license is subject to all the terms and conditions of this License Agreement.
Term of License. In the ordinary case, your license will continue as long as you own the product and comply with this License Agreement. However, we may cancel your license at any time and for any reason if we refund to you any fee you have already paid. Be aware that some contents of YOUR EMPLOYEE HANDBOOK may be time-sensitive and, by their nature, may become obsolete over time.
Scope of License. This License Agreement gives you and/or your organization’s employees the right to do limited specific things with the YOUR EMPLOYEE HANDBOOK.
Download, print, and/or reproduce in its entirety YOUR EMPLOYEE HANDBOOK for company employees only.
View YOUR EMPLOYEE HANDBOOK on a computer screen.
Edit the YOUR EMPLOYEE HANDBOOK files to fit only your company’s needs.
Any other use of YOUR EMPLOYEE HANDBOOK not consistent with the terms of this License Agreement and/or United States copyright law requires our advance written approval. PLEASE NOTE that any routine and/or systematic reproduction and redistribution of any portion of YOUR EMPLOYEE HANDBOOK to any persons that are not company employees is expressly prohibited.
Notice of Copyright. YOUR EMPLOYEE HANDBOOK contains intellectual property belonging to us. Copyright and other laws protect this intellectual property. Other than the limited license granted in this License Agreement, we retain all rights in YOUR EMPLOYEE HANDBOOK and the contents thereof, and we reserve all remedies in connection with such rights.
Your Responsibilities. You are responsible for downloading, installing, and maintaining YOUR EMPLOYEE HANDBOOK and are solely responsible for the results obtained from any use of the product. YOUR EMPLOYEE HANDBOOK is not intended as legal advice, nor are we in any way responsible for content you may revise, if existing within the product at the time of purchase, or that you add. You also are responsible for ensuring that all persons who may have access to YOUR EMPLOYEE HANDBOOK are familiar with, understand, and comply with the terms and conditions of this License Agreement. As a convenience to you, our personnel are available during business hours (EST), at the telephone number indicated below in Paragraph 11 to provide limited support for your use of our product. However, we are not responsible for assisting you with installation, use, or maintenance of YOUR EMPLOYEE HANDBOOK. Our personnel are also available to answer your questions regarding this License Agreement.
Limited Warranty. For a period of 30 days from the date YOUR EMPLOYEE HANDBOOK is delivered to you, we warrant that the product will be free of defects that prevent you from downloading it to, or installing it on, your computer, and we further warrant that YOUR EMPLOYEE HANDBOOK will substantially conform to the published specifications and to accompanying documentation as such may be revised from time to time. Our sole obligation under this warranty is to replace any defective product, provided that you have notified us of the defect during the 30-day period. WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR YOUR PARTICULAR PURPOSES. WE WILL NOT BE LIABLE FOR ANY DAMAGE OR LOSS OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF YOUR EMPLOYEE HANDBOOK, INCLUDING, BUT NOT LIMITED TO, LIABILITY ARISING FROM YOUR RELIANCE ON THE CONTENTS OF YOUR EMPLOYEE HANDBOOK, ERRORS IN THE DATA CONTAINED IN YOUR EMPLOYEE HANDBOOK, AND DATA LOSS OR CORRUPTION, REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IF THE FOREGOING LIMITATION IS HELD TO BE UNENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT OF THE LICENSE FEES PAID BY YOU FOR YOUR EMPLOYEE HANDBOOK. THE REMEDIES AVAILABLE TO YOU AGAINST US UNDER THIS AGREEMENT ARE EXCLUSIVE. NOTE THAT SOME STATES DO NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO CERTAIN OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Resolution of Disputes. You agree that any dispute arising from, relating to, or in any manner connected with this License Agreement shall be construed under and resolved in accordance with the laws of the State of Georgia in Gwinnett County, exclusive of the State of Georgia’s laws regarding choice of law. You acknowledge that YOUR EMPLOYEE HANDBOOK is our proprietary work product and that any violation of either (a) our copyrights therein or (b) this License Agreement will cause us to suffer irreparable injury that could not be adequately compensated through monetary damages. In particular, you agree that we may enforce (a) our copyrights and (b) this License Agreement through, among other remedies, equitable remedies, including injunctive relief to prevent you from infringing our copyrights or from violating the terms of this License Agreement.
Indemnity. You agree to indemnify, defend, and hold harmless us and our suppliers and distributors from and against any and all claims by third parties arising out of or in any way related to your use or misuse of the YOUR EMPLOYEE HANDBOOK or your breach of this License Agreement, regardless of the form of action.
Entire Agreement. This License Agreement represents the entire agreement between us and you concerning the rights granted herein, except insofar as our license fees are established in other documents, and it supersedes any prior agreement we may have had, written or oral, concerning the rights granted herein. If any provision of this License Agreement is held by a court of competent jurisdiction to be invalid, the remaining provisions of this Agreement will remain in full force and effect. This License Agreement may not be altered or amended, nor may any of its terms be waived, except in writing signed by both you and us.
Contacting Us. You may contact our support staff at Wells-Smith Partners, 4737 Nantucket Drive, Lilburn, Georgia 30047. Our telephone number is (770) 713-0770, and our fax number is (770) 806-1719. You may also contact us via e-mail.
Acknowledgment. By downloading, installing, or in any way using YOUR EMPLOYEE HANDBOOK, you acknowledge that you have read, understand, and agree to be legally bound by the provisions of this License Agreement. If you have any questions regarding YOUR EMPLOYEE HANDBOOK or this License Agreement, please contact us at the address and telephone number above.
(Last modified July 5, 2011.)