Terms of Service
Welcome to The Employer Group’s website. By accessing this website you agree to be bound by the following terms and conditions (the “Terms of Service”):
Certain Payroll and Benefit Information
Clients and employees of The Employer Group may use this website to obtain their own payroll and benefits information from a database maintained by F.W. Davison & Company. The accuracy of all data and information provided by F.W. Davison is strictly within the control of F.W. Davison, and The Employer Group assumes no responsibility or liability for the accuracy of that information whatsoever. The pages displayed with that information are developed by people over whom The Employer Group exercises no control and The Employer Group relies exclusively on the reliability of F.W. Davison & Company for that information. Consequently, any errors or mistakes in that data are the result of data errors at that site and not on the system of The Employer Group.
Changes In Terms of Service
We may modify our website from time to time, for any reason, and without notice, including the right to terminate it with or without notice, without liability to you, any other user or any third party. We reserve the right to modify these Terms of Service from time to time without notice. Please review these Terms of Service from time to time so that you are apprised of any changes.
Disclaimer of Warranties
The Employer Group disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed on The Employer Group’s website. The Employer Group disclaims any responsibility for the deletion, failure to store or untimely delivery of any information. The Employer Group disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through The Employer Group’s website.
THE EMPLOYER GROUP’S WEBSITE, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE EMPLOYER GROUP’S WEBSITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. THE EMPLOYER GROUP AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. THE EMPLOYER GROUP AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE EMPLOYER GROUP’S SERVICES. THE EMPLOYER GROUP AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE EMPLOYER GROUP’S WEBSITE. THE EMPLOYER GROUP AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR WEB SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE EMPLOYER GROUP’S WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE EMPLOYER GROUP’S WEBSITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE EMPLOYER GROUP’S WEBSITE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE EMPLOYER GROUP’S WEBSITE AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL THE EMPLOYER GROUP OR ITS LICENSORS BE LIABLE TO ANY USER OF THE EMPLOYER GROUP’S WEBSITE ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE EMPLOYER GROUP’S WEBSITE, INCLUDING INFORMATION AVAILABLE ON OR OBTAINED FROM THIS WEBSITE AND THESE TERMS OF SERVICE OR THE SUBJECT MATTER HEREOF RELATING TO SUCH LIMITATION OF LIABILITY, SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE (EVEN IF THE EMPLOYER GROUP OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE EMPLOYER GROUP’S WEBSITE, FROM INABILITY TO USE THE EMPLOYER GROUP’S WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE EMPLOYER GROUP’S WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS, INCLUDING INFORMATION, DATA OR ADVICE, RECEIVED THROUGH OR ADVERTISED ON THE EMPLOYER GROUP’S WEBSITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE EMPLOYER GROUP’S WEBSITE OR ANY INFORMATION, SERVICE OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE EMPLOYER GROUP’S WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall The Employer Group or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties or loss of or fluctuations in heat, light or air conditioning.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Wisconsin. If, for any reason, a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by The Employer Group.