The terms and conditions below (the “terms”) are what govern your use of the 123Employee, Inc website on the Internet and World Wide Web. These terms are a legal contract between you and 123Employee.com (“we” or “us”.) They govern your access to, and your use of our website, which (as you know) is located at 123Employee.com (the “site”). These terms also govern your use of any services and products we provide on the site. If you do not agree with any of these terms, please do not access or otherwise use this site and/or our services and products.
All purchases from 123Employee.com are subject to our companies refund policy. You can find detailed information about the product you purchased and it’s refund policy on our
Refund Policy page.
123Employee.com provides content, services and products throughout this site. All information, documents, products and services, including content, trademarks, logos, graphics and images (which are grouped together under the term “Materials”) are the copyrighted work of 123Employee.com, or 123Employee, Inc licensors and/or contributors.
123Employee.com grants you a limited, personal, non-exclusive and non-transferable license to use the Materials solely for your personal use or internal business use. You agree that you will only use this site and the Materials for lawful uses.
You agree that you have no right to modify, edit, copy, reproduce, create derivative works of, alter, enhance or in any way exploit any of the Materials provided by 123Employee.com in any manner. Your limited license terminates automatically, without notice to you, if you breach any of these terms.
Upon termination of your limited license, you agree to immediately destroy any downloaded or printed Materials. Except as stated herein, you acknowledge that you have no right, title or interest in or to the site or any Materials on any legal basis.
You are prohibited from taking any action to circumvent or attempt to circumvent the security and access control provisions of the site. Such prohibited conduct includes, but is not limited to, any efforts to: (a) log into an account with a password not assigned to you; (b) access personally identifiable information not intended for you; (c) test the security measures on the site and/or attempt to identify system vulnerabilities; (d) impersonate any other user of the site and/or the products and services, forge any of the header information in any posting, or tamper with the TCP/IP packet header; (d) modify, reverse engineer, disassemble, decompile or otherwise attempt or allow others to attempt to discover the underlying software code for the site and/or the products and services; or (f) overwhelm or disable the site or the products and services or interfere with the access and use of the site and/or the services by any other user.
If 123Employee.com becomes aware of any of the aforementioned activities on your part, we may investigate and take action. When appropriate, we may work with law enforcement to investigate and prosecute offenders.
Your continued use of the Site and/or the products and services is expressly conditioned on your compliance with the prohibitions, obligations and restrictions just stated. Without limiting the foregoing, you acknowledge that 123Employee.com prohibits and you agree not to:
- Take any action that imposes an unreasonable or disproportionately large burden on the site’s infrastructure;
- Intentionally expose the site and/or any products or services provided on123Employee.com to a computer virus or any other program or code that is intended to disrupt or disable the operations of the site and/or our products or services;
- Frame or link to the site or any of the content or information available from the site, unless 123Employee.commexpressly consents to such linking and/or framing;
- Use any spider, robot or other program, code or device to copy, retrieve or index any portion of the 123Employee.com site;
- Harvest or otherwise collect information about other users for any purpose other than expressly permitted herein;
- Post any false or inaccurate Submissions (defined below) or information on any part of the site;
- Use the products and/or services and/or the site to violate any applicable law or regulation, including, without limitation, the infringement of any copyright, trademark, trade secret or other intellectual property rights, or violate the privacy or rights of any other person;
- Post any Submission or information that is discriminatory, hateful, obscene, vulgar, abusive, defamatory, sexually-orientated, threatening, or otherwise objectionable;
- Include any hyperlinks or any misleading, irrelevant and/or hidden code or keywords in any Submissions posted by you;
- Harass, stalk, or otherwise subject any other user of the site and/or products and services to inappropriate or unwanted contact;
- Make any additions, changes, alterations and/or deletions to any Submissions posted by any user without the express written authorization of such other user;;
- 123Employee.com reserves the right to terminate our relationship with you under these terms and prohibit your access to the site and/or products or services or to edit, remove or close any Submission or thread for any reason.
The foregoing list of prohibitions is not intended to be complete or exclusive.
You acknowledge and agree that there is the chance that you may be exposed to content that may be offensive or objectionable to you. You hereby acknowledge and agree that all submissions submitted by you or any other user express the views of the author, and 123Employee.com will not be held responsible for or liable for the content in such submissions.
Your access to the site and Services is undertaken at your own risk and 123Employee.com is not responsible for any offensive or otherwise objectionable materials that may be posted by any third party.
In addition, the foregoing prohibitions do not impose on 123Employee.com, any obligation to monitor or remove any Submissions or other information or communication submitted by you or any other user.
Non-Disparagement (Public Sharing)
By agreeing to join the 123Employee program all parties agree that under no circumstances will either party engage in any conduct or communications, public or private, designed to disparage the other. (Including but not limited to social media, videos, radio, TV, websites, et all.) And utilize arbitration as outlined below. Realistically, not everyone is going to be happy with everything that we do, and we are not going to be happy with what every one of our members does. We know that and we have an arbitration process in place that is fair, inexpensive to use and gives everyone a simple method to present their side of any dispute and have a neutral third party make a decision that we all live with. No high-priced lawyers or lengthy legal process involved.
This came about because we have found in our experience as business people that when people are frustrated they blow off steam by saying things in the passion of the moment that when they are less upset they know are not true, are exaggerated and the result of them being upset not of the truth. The problem is that reputations are harmed and in the internet world when people post false things on the internet they cannot “un-post” them and their slander is there for everyone to see forever. Reputations and businesses are harmed. And what most people do not know is that internet forums meant to attract complaints are for-profit businesses that will not take postings down without court-orders, and even then the site may not take a false statement down.
We take false statements about our business or our people very seriously. We do not slander other people and when people slander us we see no other option but to take legal action to clear out names and reputations. We will attempt to obtain and use a court order to remove slanderous statements and may or may not be successful in making a third party remove a posting. We do NOT like having to do this to anyone, and we have put in the arbitration mechanism below so that we have a way of coming to a mutually agreeable conclusion from a fair third party that leaves us all in a better place.
So in buying from / joining our program, you agree that you will work within the arbitration process if you feel you are wronged, that you will not make any slanderous comments about 123Employee, Inc, Daven Michaels, Beejal Parmar or any officer, spokesperson, trainer, employee, independent contractor, to any third party, nor will you post any disparaging comments to any internet forums, blogs or websites, or complaints boards, nor shall you make any disparaging comments in any emails or other written communications to any third parties.
In the event you do make or post any disparaging comments to any third parties or make any disparaging comments on any internet forums or on any blogs, websites, or complaints boards you agree to pay 123Employee, Inc. five hundred dollars ($500) per day until such time as such comment, post, complaint or comment is removed from the blog, website or complaint board. Be aware that sometimes such comments can be impossible to remove and in such case you agree to pay continuing liquidated damages of five hundred dollars per day to 123Employee, Inc. for the duration of your life.
Bottom line – we have an inexpensive and fair arbitration process in place. If you have an issue with us work within that process and we can all be treated fairly using an inexpensive and easy to use process.
Also we include this. This if from 123Employee and would also have to be modified:
Any dispute or claim arising from this Agreement, its performance, breach, or interpretation (including issues about its validity or enforceability), shall be exclusively (except as provided below) resolved by final binding arbitration before the American Arbitration Association (AAA), utilizing its Commercial Arbitration Rules. One arbitrator shall be selected using AAA procedures. The arbitrator shall use all reasonable efforts to minimize discovery and to complete the arbitration proceedings as expeditiously as possible. The Arbitrator shall render a written decision within thirty (30) calendar days after the hearing. The arbitrator will not award punitive, incidental, consequential, treble or other multiple or exemplary damages, such being expressly waived by all parties to the fullest extent allowed by law. However, the successful party in any such arbitration shall be entitled to reimbursement of all costs of the arbitration (excluding travel) including but not limited to attorney fees.
Unless otherwise agreed by all parties involved, any arbitration involving 123Employee, Inc & all other Daven Michaels companies shall take place in Nevada. All parties hereby give their irrevocable consent to the jurisdiction of the courts of and in the State of Nevada, as well as processes of the AAA in Nevada. Awards shall be final, binding and non-appealable (except on the minimal grounds required under the Federal Arbitration act or other applicable law). All awards may be filed with one or more courts, state, federal or foreign having jurisdiction over the party against whom such award is rendered or its property, as the basis of judgment and available collection remedies.
Links to Third Party Sites
The 123Employee.com site may be linked to other sites that are not owned, operated, or managed by 123Employee, Inc. We provide these links to you only as a convenience, and 123Employee.com is not responsible for the content or links displayed on these third party sites.
Third Party Content
Some information and content may be provided by third parties to 123Employee.com (“Third Party Content”). The Third Party Content is the copyrighted work of the creator/licensor, 123Employee.com and 123Employee, Inc.
You agree that you will only display the Third Party Content on your personal computer for your personal or internal business use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), alter, edit, manipulate or enhance any of the Third Party Content in any manner.
123Employee.com disclaims all express, implied and statutory warranties and conditions with regard to third party content. This includes, but is not limited to, all implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Unauthorized use of any Materials or Third Party Content contained on this site may violate certain regulations and laws. You shall indemnify and hold 123Employee.com and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all damages, costs, expenses, and liabilities, including attorneys’ fees, that 123Employee.com or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding any claim or demand from a third party in the event that your use of the site or the use of the site by any person using your user name and/or password violates any applicable law or regulation, or the rights of any third party.
All information, data, and screens appearing on 123Employee.com including web pages, documents, site design, text, graphics, logos, images and icons, and the selection and arrangement thereof, are the sole property of 123Employee.com and 123Employee, Inc, unless otherwise specified.
All rights not expressly granted herein are reserved worldwide. Any reproduction, distribution, modification, retransmission, or publication of any copyrighted material on the site is strictly prohibited without the express written consent of the copyright holder, except as otherwise required by applicable law.
Disclaimer of Warranties
Your use of this site, the Materials and/or the products and services is at your own risk. You assume all risks of using this site, the Materials and/or the products and services. 123Employee.com does not warrant the accuracy or timeliness of the materials or the Third Party Content contained on this Site. Neither the Materials nor the Third Party Content have been verified or authenticated in whole or in part by 123Employee.com and they may not be current or may include inaccuracies or typographical errors.
123Employee.com shall have no liability for Materials and/or Third Party Content that is not current or for any errors or omissions in the Materials and/or the Third Party Content, whether provided by123Employee.com or our licensors. 123Employee.com does not guarantee that you will achieve any economic return or benefit from the use of the Materials.
123Employee.com, for itself and its licensors, makes no express, implied or statutory representations, warranties, or guarantees in connection with the site, the products and services or any Materials or Third Party Content, relating to the quality, suitability, truth, accuracy, currency or completeness of any information or material contained on the site. This includes, without limitation, the Materials and the Third Party Content.
123Employee.com disclaims and excludes any and all implied warranties, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights. Unless otherwise explicitly stated, to the maximum extent permitted by applicable law, the site, the products and services, the Materials, Third Party Content, and any information or material contained on the site is provided to you on an “as is,” “as available” and “where is” basis with no warranty of any kind.
Limitation of Liability
In no event shall 123Employee.com be liable to you or any third party for any indirect, extraordinary, exemplary, punitive, special, incidental, or consequential damages (including loss of data, revenue, profits, use or other economic advantage) however arising, even if 123Employee.com and 123Employee, Inc, have been advised of the possibility of such damage.
123Employee.com aggregate liability to you or any third party for any damages resulting from your displaying, copying, or downloading any material on the site or reliance on the information and/or material presented on the site shall not exceed one hundred dollars ($100.00).
Local Laws and Export Control
If you use this site outside the United States of America, you are responsible for compliance with all applicable local laws.123Employee.com controls and operates this site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations.
Consequences of Violation
If you violate these terms, 123Employee.com may terminate your access to the site or Password-Restricted Areas without notice. 123Employee.com prefers to advise you of your inappropriate behavior and recommend any necessary corrective action. However, certain violations of these terms, as determined by 123Employee.com will result in immediate termination of your access to the site or Password-Restricted Areas.
123Employee.com reserves the right to terminate any password-restricted account for any reason. These terms are governed by Nevada Law and controlling U.S. Federal Law, without regard to the choice or conflicts of law provisions. Any disputes relating to these terms or the site will be heard in courts located in Nevada. If any of these terms is found to be inconsistent with applicable law, then such terms shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.
123Employee.com failure to enforce any of these terms is not a waiver of such terms. These terms are the entire agreement between you and 123Employee.com and supersede any and all prior or contemporaneous agreements and understandings between you and 123Employee.com and 123Employee, Inc. These terms may not be modified except pursuant to a written amendment that is executed by an officer of 123Employee.com and 123Employee, Inc.