Binding Effect

This is a binding agreement. By using the Internet site located at www.sbspayroll.com (the “Site”) and any tools and/or services provided by SBS Payroll, Inc. and/or its subsidiaries and affiliates (collectively “SBS” or “We”, depending on the context) in connection with the Site (the “Services”), you, as the user, agree to abide by these Terms of Use, as they may be amended by SBS from time to time and at any time in its sole and absolute discretion. SBS will post a notice on the Site any time these Terms of Use have been changed or otherwise updated.  This Site and the Services are offered to you conditioned upon your acceptance, without modification, of these Terms of Use. By using this Site or any Services, you agree to these Terms of Use. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Services and the Site. YOU AGREE THAT BY USING THE SERVICE YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

Terms of Use

This website (the “Site”), and any tools and/or services offered and/or provided by SBS Payroll, Inc. and/or its subsidiaries (collectively, “SBS”) through this Site (collectively, the “Services”), are offered to you conditioned upon your acceptance without modification of these Terms of Use. By using this Site or any Services, you agree to these Terms of Use. Please read these Terms of Use carefully. If you do not agree to these Terms of Use, you may not use this Site or any Services offered or provided through this Site.

Modification
SBS may, from time to time and at any time, in its sole and absolute discretion and without prior notice to you, (a) change these Terms of Use; (b) modify the Site and/or the Services; and (c) discontinue the Site and/or Services at any time. SBS shall post any revisions to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted to this Site each time you use this Site or a Service to be aware of any revisions and to make sure you agree to them. By using this Site or Services or engaging in any of the activities described in these Terms of Use after changes have been made to these Terms of Use, you are agreeing to accept and comply with those changes.

Authority
You agree that you will use this Site, the Services, and any products or services received as a result of your use of the Services in a manner consistent with these Terms of Use.

Authorized Use; Compliance with Intellectual Property Laws; Copyrights and Trademarks; Copyright Infringement

This Site and the Services may contain copyrighted works and trademarks and other proprietary material owned by SBS or its content providers. When accessing the Site, or using the Services, you agree to obey the law and to respect the intellectual property rights of others.  Your use of this Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.  If no restrictions are displayed, you may download, view and copy the information available from this Site for non-commercial personal or educational purposes only, provided that each copy includes any copyright, trademark or service mark notice or attribution as they appear, on the pages copied. However, except as expressly stated above, you agree not to upload, download, copy, reproduce, publish, post, transmit, perform, display, store, sublicense, transfer or otherwise distribute any material, images or other content (collectively “Content) from this Site in violation of SBS’s or any third party’s copyrights, trademarks or other intellectual property or proprietary rights without the express written permission of SBS or its content providers, as applicable (“Permission”). You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID.  You may not modify, alter, revise, paraphrase, omit, or change any material or images on or from this Site without Permission. You may not create derivative works, whether based in whole or in part upon the information on this Site or any portion thereof without Permission. You may not modify, amend, reduce the size of or in any way obscure any warning, notice, liability limitation, or other license provision in material or images on or from this Site. You may not assign, sublicense, transfer, pledge, lease, rent or share your rights under these Terms of Use without Permission. Nothing contained on this Site and/or the Services should be construed as granting, by implication, estoppel or otherwise, any license or right in and to SBS trademarks or copyrighted material of SBS or any third party without the express written Permission of the applicable party. You agree not to use the Site or Services for any unlawful purpose. You agree to comply with reasonable written requests by SBS to protect the information providers’ and SBS’s respective rights in the information contained in this Site or as a part of the Services. 

Do we have these procedures and policy in place? [SBS has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or with the Service. SBS has adopted a policy that provides for the immediate suspension and/or termination of any Site or Service user who is found to have infringed on the rights of SBS or of a third party, or otherwise violated any intellectual property laws or regulations. SBS’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want SBS to delete, edit, or disable the material in question, you must provide SBS with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit SBS to locate the material; (d) information reasonably sufficient to permit SBS to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to SBS’s designated agent at:

1932 E. Deere Ave., Suite 200

(949) 225-3088

(949) 225-3004

info@sbspayroll.com

Prohibited Uses

SBS imposes certain restrictions on your permissible use of the Site and the Service. You are prohibited from violating or attempting to violate any security features of the Site or Service, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by SBS in providing the Site or Service. Any violation of system or network security may subject you to civil and/or criminal liability.

 

Alleged Violations

SBS reserves the right to terminate your use of the Service and/or the Site and to prohibit access to anyone whom SBS determines are violating these Terms of Use, restricting or inhibiting any other user from using or enjoying the Site, or whose conduct SBS reasonably determines may constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. Unauthorized entry (commonly referred to as hacking) into any portion of the Site may constitute a crime under state and/or federal law. SBS may prosecute these violations to the fullest extent permitted by law.  To ensure that SBS provides a high quality experience for you and for other users of the Site and the Service, you agree that SBS or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Site or the Service. SBS does not intend to disclose the existence or occurrence of such an investigation unless required by law, but SBS reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if SBS believes that you have violated any of the Terms of Use, furnished SBS with false or misleading information, or interfered with use of the Site or the Service by others.

Limited Availability; Eligibility
Not all Services mentioned on this Site may be available in all geographic areas. Your eligibility for particular products or services is subject to final determination by SBS and/or the applicable content provider.

 

Limitation of Liability
BY ACCESSING THIS SITE OR RECEIVING ANY SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE TO WAIVE ALL CLAIMS AGAINST SBS AND ALL THIRD PARTY CONTENT PROVIDERS REGARDING THE INFORMATION PROVIDED ON THIS SITE AND ANY INFORMATION RECEIVED BY YOU AS A RESULT OF USING THE SERVICES, AND ANY USE BY YOU OF SUCH INFORMATION. YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL SBS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE OR ITS CONTENTS OR SERVICES BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR LOSS OF PROFITS, GOOD WILL, BUSINESS INTERRUPTION, USE, LOST DATA, EQUIPMENT OR OTHER INTANGIBLE LOSSES (EVEN IF SBS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES, THAT ARISE OUT OF, RESULT FROM OR ARE IN CONNECTION WITH (1) THE USE OF OR INABILITY TO USE THIS SITE OR ANY SERVICES (2) THE CONSEQUENCES OF ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU OR BY ANYONE TO WHOM YOU COMMUNICATE SUCH INFORMATION, OR FOR ANY ERRORS BY YOU IN COMMUNICATING SUCH INFORMATION; (3) THE COST OF SUBSTITUTE GOODS OR SERVICES; OR (4) ANY OTHER MATTER RELATING TO THE CONTENT, SERVICES, OR DISTRIBUTION OF SERVICES THROUGH THIS SITE. SBS SHALL NOT BE LIABLE FOR DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING FROM ANY USE OF ANY PRODUCT, INFORMATION, PROCEDURE, OR SERVICE OBTAINED THROUGH THIS SITE. 
SBS’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY FOR ANY DISPUTE OR CLAIM RELATED TO THESE TERMS OF USE, THE SITE, ANY SERVICES, OR THE PRIVACY POLICY IS YOUR CESSATION OF THE USE OF THIS SITE AND ANY AND ALL SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. 
SBS CANNOT AND WILL NOT ASSUME ANY LIABILITY FOR UNAUTHORIZED OR FRAUDULENT USE OF THIS SITE AND ANY SERVICES.

Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS SBS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND REPRESENTATIVES, AND ALL THIRD PARTY CONTENT PROVIDERS WHICH PROVIDE CONTENT FOR THIS SITE OR THE SERVICES (EITHER THROUGH LINKS OR OTHERWISE) INCLUDING THEIR RESPECTIVE AFFILIAGTES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AGENTS, AND REPRESENTATIVES, FROM ANY AND ALL CLAIMS, LOSSES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING FROM OR RELATED TO ANY CLAIM  MADE BY SBS OR ANY THIRD PARTY RELATING TO CONTENT YOU SUBMIT, POST TO OR TRANSMIT THROUGH THIS SITE YOUR USE OF THE SITE OR THE SERVICES, YOUR CONNECTION TO THE SITE, YOUR VIOLATION OF THESE TERMS OF USE, OR YOUR INFRINGEMENT, OR INFRINGEMENT BY ANY OTHER USE OF YOUR ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY, OR ANY HARM YOU CAUSE ANOTHER USER.  SBS WILL NOTIFY YOU PROMPTLY OF ANY SUCH CLAIM, LOSS, LIAIBLITY OR DEMAND.

Disclaimers
SOME OF THE CONTENT ON THIS SITE OR THE SERVICES MAY BE PROVIDED BY THIRD PARTY CONTENT PROVIDERS AND USERS. SBS IS A DISTRIBUTOR AND NOT A PUBLISHER OF SUCH CONTENT AND HAS NO CONTROL OVER IT. ANY OPINIONS, ADVICE, STATEMENTS, SERVICES, OFFERS OR OTHER INFORMATION GIVEN OR PROVIDED BY THIRD PARTIES (INCLUDING MERCHANTS AND LICENSORS) ARE THOSE OF THE RESPECTIVE AUTHORS OF SUCH CONTENT AND NOT OF SBS. 
ALTHOUGH SBS USES REASONABLE EFFORTS TO PROVIDE ACCURATE AND UP-TO-DATE INFORMATION THROUGH THIS SITE, SBS AND THE CONTENT PROVIDERS MAKE NO WARRANTIES OR REPRESENTATIONS AS TO THE ACCURACY, RELIABILITY, OR COMPREHENSIVENESS OF CONTENT ON THIS SITE AND ANY SERVICE. THE INFORMATION CONTAINED ON THIS SITE AND ANY SERVICE IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, SBS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH REGARD TO INFORMATION CONTAINED ON THIS SITE AND ANY SERVICE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SBS AND THE CONTENT PROVIDERS CANNOT AND DO NOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THIS SITE AND ANY SERVICE WILL BE FREE FROM INFECTIONS OR VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE WITH CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU HEREBY AGREE TO RELEASE AND HOLD HARMLESS SBS FROM ANY AND ALL CLAIMS, LOSSES, EXPENSES OR DAMAGES RELATING TO ANY DISCLAIMED WARRANTY DESCRIBED IN THIS PARAGRAPH. 
THE INFORMATION PROVIDED IN ANY SERVICE OR IN THIS SITE IS NOT FINANCIAL OR LEGAL ADVICE. SBS MAKES NO REPRESENTATION REGARDING THE ACCURACY OR IMPORTANCE OF ANY SERVICES. INFORMATION RECEIVED VIA THIS SITE OR THE SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTIES LAST OR THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO THAT THESE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, SUCH DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

No license

Nothing contained on the Site should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by SBS or by any third party.

Severability
If a court of competent jurisdiction determines that any term or condition in these Terms of Use is illegal or unenforceable, then such term will be eliminated and all remaining terms and conditions of these Terms of Use will remain in full force and effect.

Entire Agreement; Jurisdiction and Choice of Law and Forum; Legal Fees

These Terms of Use constitute your entire agreement with SBS regarding this Site and any Services, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written between the user and SBS with respect to the Site or the Services. This Site and/or the Services may not comply with legal requirements of foreign countries, therefore the Site, its contents, and the Services are intended only for access and use by United States residents and are presented solely as a service to visitors and/or subscribers located in the United States of America and its territories. These Terms of Use shall be governed by and construed in accordance with the laws of the State of California,  without giving effect to any principles of conflicts of law. You expressly and irrevocably agree that exclusive jurisdiction and venue for any claim or dispute with SBS, its employees, contractors, officers, directors, and content providers or relating in any way to your use of this Site or the Services resides in the U.S. District Court for the Central District of California (if federal jurisdiction exists) or the courts of the State of California and you further irrevocably agree and expressly and irrevocably consent to the exercise of personal jurisdiction in those courts over any action brought under these Terms of Use. 

Communications
SBS may contact you by email to:

  • respond to any questions or submissions you may send us,
  • send you communications about information we think you will find useful–including
  • announcements about new products and services, or
  • communicate other information as necessary to administer the Site and its Services.

Submissions
You agree to provide true, accurate, current and complete information about yourself when you elect to provide personal information to us. You also agree to maintain and promptly update any such information to keep it accurate. Other than information, which is addressed under our Privacy Policy, any and all comments, suggestions, ideas, graphics, or other information that you transmit or post to the Site becomes and will remain the property of SBS and may be used by SBS anywhere, anytime and for any reason whatsoever. Except as may be provided in the Privacy Policy, any information or materials submitted to SBS will be treated as non-confidential and non-proprietary, and SBS will not have any obligation to use or evaluate any information we receive from you. SBS will not have to pay you or anyone else for using any ideas or other materials that you may transmit to or post on the Site.

Links to Other Web Sites
This Site provides links to other websites that We think might be of interest to our users (“Linked Sites”). Please note that when you click on one of these links, you may be moving to another provider’s website. These Linked Sites and their providers are not controlled by SBS, and SBS has no control over, is not responsible for the contents or the proper operation of any such Linked Site,and has no liability for any third party websites or materials. SBS works with a number of partners and affiliates whose Internet sites may be linked with the Site. Because neither SBS nor the Site has control over the content and performance of these partner and affiliate sites, SBS makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and SBS assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that SBS makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.  The inclusion of any link does not imply endorsement by SBS. We encourage you to read the terms of use and privacy statements of these Linked Sites as their policies may differ from ours.

Protecting Your Information
SBS utilizes reasonable security technologies to protect confidential information. However, the security of this information depends in part on the security of the computer you use to communicate with SBS, the security you use to protect User IDs and passwords, and the security provided by your internet access services provider. SBS is not responsible for the security of your internet access services provider; you should review the security and privacy policies of your internet access services provider carefully. Information that you pull up via this Site may be stored on your computer during your session for your convenience. If others have access to your computer or your User ID and password, they may be able to access this information. In any area of the Site requiring a password, you should log off the Site when you are done viewing information or whenever you leave your computer. SBS is not responsible for the security or privacy of information communicated to or from such a computer. Finally, you should keep any correspondence you receive relating to this Site or the Services (including, but not limited to, your User ID, passwords, other registration information, emails, order information, or any other information) confidential and in a safe place.

Inspection, Correction, and Removal of Information

SBS will use reasonable efforts to allow you to review, correct or update the information that you have provided to SBS at any time. Please note that because of back-up systems and records of deletions, it may not be possible for us to locate and remove from our systems residual information that you have provided to us. 
SBS cannot require third parties to change information that has been disclosed to them with your consent. To modify this information, you will have to go directly to the relevant third party.

Copyright

All contents of the Site or Service are: Copyright © 2014 SBS, 1932 E. Deere Ave., Suite 200, Santa Ana, CA 92705. All rights reserved.

ACKNOWLEDGEMENT.

BY USING THE SERVICE OR ACCESSING THE SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.

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