Any use of the DirectEmployers Association or (collectively “DE”) websites is subject to the following legal disclaimers and limitations, as well as to DE’s Privacy Policy and other proprietary rights and related policies.
Responsibility of Contributors. Those who post material to, provide links to material from, or otherwise make material available by means of DE’s websites (“Contributors”) are entirely responsible for the content of, and any harm resulting from, that material. By acting as a Contributor, you represent and warrant that:
Without limiting any of those representations or warranties, DE has the right (though not the obligation) to, in DE’s sole discretion: (a) remove any content that, in DE’s reasonable opinion, violates any DE policy or is in any way harmful or objectionable; or (b) require changes in any license agreement relating to any materials made available by any Contributor.
Responsibility of Website Users. DE has not reviewed, and cannot review, all of the material, including computer software, available on or by means of DE’s websites, and cannot therefore be responsible for that material’s content, use or effects. By operating its websites, DE does not represent or imply that it endorses the material there available, or that it believes such material to be accurate, useful or nonharmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. DE’s websites may contain content that is offensive, indecent or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes and other errors. DE’s websites may also contain material that violates the privacy or publicity rights, or infringes the proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. DE disclaims any responsibility for any harm resulting from the use by DE’s visitors of DE’s websites, or from any downloading by those visitors of content available on or by means of DE’s websites.
Changes. Content contained on DE’s websites, including these Legal Disclaimers and Limitations, may be changed at the sole discretion of DE and without notice. You are bound by any such updates or changes, and so should periodically review these Legal Disclaimers and Limitations.
Content Posted on Other Websites. DE has not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which DE’s websites links, and that link to DE’s websites. DE does not have any control over those non-DE websites and webpages, and is not responsible for their contents or their use. By linking to a non-DE website or webpage, DE does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses and other harmful or destructive content. DE disclaims any responsibility for any harm resulting from your use of non-DE websites and webpages.
LIMITATION OF WARRANTIES OF DE. EXCEPT AS OTHERWISE EXPRESSLY STATED, INCLUDING BUT NOT LIMITED TO IN A LICENSE OR OTHER AGREEMENT GOVERNING THE USE OF SPECIFIC CONTENT, ALL CONTENT LOCATED AT OR AVAILABLE FROM DE’S WEBSITES IS PROVIDED “AS IS,” AND DE, ITS CONTRACTORS AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OF PROPRIETARY RIGHTS. WITHOUT LIMITING THE FOREGOING, DE, ITS CONTRACTORS AND ITS LICENSORS MAKE NO REPRESENTATION OR WARRANTY THAT CONTENT LOCATED AT DE’S WEBSITES IS FREE FROM ERROR OR SUITABLE FOR ANY PURPOSE; NOR THAT THE USE OF SUCH CONTENT WILL NOT INFRINGE ANY THIRD PARTY COPYRIGHTS, TRADEMARKS OR OTHER INTELLECTUAL PROPERTY RIGHTS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT THROUGH DE’S WEBSITES AT YOUR OWN DISCRETION AND RISK, AND THAT DE, ITS CONTRACTORS AND ITS LICENSORS WILL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH CONTENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY OF DE. EXCEPT AS OTHERWISE EXPRESSLY STATED, INCLUDING BUT NOT LIMITED TO IN A LICENSE OR OTHER AGREEMENT GOVERNING THE USE OF SPECIFIC CONTENT, IN NO EVENT WILL DE, ITS CONTRACTORS OR ITS LICENSORS BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF THE BASIS OR NATURE OF THE CLAIM, RESULTING FROM ANY USE OF DE’S WEBSITES, OR THE CONTENTS THEREOF OR OF ANY HYPERLINKED WEB SITE, INCLUDING WITHOUT LIMITATION ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA OR OTHERWISE, EVEN IF DE, ITS CONTRACTORS OR ITS LICENSORS WERE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CERTAIN INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
General Representation and Warranty. You represent and warrant that your use of DE’s websites will be in accordance with DE’s Privacy Policy (located at http://directemployersfoundation.org/privacy-policy), with these Legal Disclaimers and Limitations, with any applicable laws and regulations, and with any other applicable policy or terms and conditions, including without limitation those policies and terms and conditions located at http://directemployersfoundation.org/terms.
Indemnification. You agree to defend, indemnify and hold harmless DE, its contractors and its licensors, and their respective directors, officers, employees and agents from and against any and all third party claims and expenses, including attorneys’ fees, arising out of your use of DE’s websites, including but not limited to out of your violation of any representation or warranty contained in these Legal Disclaimers and Limitations.
