PRemployer, Inc. Privacy and Cookie Policy 2020

This PRemployer, Inc. (“PRemployer”) Privacy and Cookie Policy describes how we acquire, compile, access, use, disclosure, store, transmit and destroy (collectively “Use”). Personal Data (as defined below) on the www.premployerinc.com website and https://blog.premployerinc.com/prblog blog (“Sites”) in connection with your use of our Sites and our email campaigns, SMS/text messaging campaigns, and other communications (the “Marketing”) that will result due to your use of our Sites.

Privacy Notice

 Part of what you expect from PRemployer is the security and protection of your Personal Data (as defined below). We take seriously our responsibility to keep your Personal Data confidential and secure, and our cybersecurity systems and protocols are specifically designed and tailored in furtherance thereof.

 Your Personal Data

 We collect information about you including your Personal Data. Personal Data includes any information that identifies you as an individual, including but not limited to, your name, postal address, ZIP code and country, email address and telephone number, biometric information, and, where applicable, your work-site employer’s name, your job title, level in organization, job function, company type, company revenue and number of company employees.

We may also collect Personal Data from our third-party business partners and combine information we have collected directly from you. Personal Data from our third-party business partners is subject to the privacy policy of the unique third-party business partner.

PRemployer is not responsible for (a) the privacy policies of your work-site employer (as applicable) or our third-party business partners, or (b) any unauthorized use or misuse by your work-site employer (as applicable) or our third-party business partners.

 Confidentiality, Security, and Integrity

PRemployer considers your Personal Data to be highly confidential. As such, we restrict access to your Personal Data to those persons who need to know that information to provide products or services to you. Rest assured, PRemployer maintains physical, electronic, and procedural safeguards that comply with applicable regulatory standards to maintain the confidentiality of your Personal Data.

Our Collection and Use of Your Personal Data

 We collect and Use your Personal Data to:

• provide relevant, personalized, targeted news and information via Marketing or Sites;
• help target advertising messages, included in our Marketing;
• enable our customer service professionals to respond to your questions, concerns and feedback; and
• send information, including technical notices, updates, security alerts, and support and administrative messages. 

Personal Data can be used to identify or contact you directly. We typically collect this information directly when you complete registration forms or when you provide other information through our Sites or via Marketing. When we collect this information directly, we let you know if providing the information is optional or if it is required for access to and use of our Sites (for example, we must have your email address to provide you with Marketing).

We may communicate with you in writing, via email, or other means available on or through our Sites. We may communicate transactional or service messages to you, such as welcoming you to our Sites or informing you of scheduled downtime. We may also send you Marketing, on our own behalf or on the behalf of third parties. Marketing may be sent to you, even if you do not have an account. In respect of Marketing, you can opt out of receiving future Marketing by using the link located in the footer of each Marketing email we send to you. You cannot opt out of receiving transaction or service messages from us.

We automatically log information about you and your computer or mobile device when you use our Sites and read or view our Marketing. For example, such logs record when you open an email from us, use the links in our emails and your IP address, the website that referred you to our Sites, and information about your use of and actions on our Sites. We collect this information about you using cookies (see “Cookies” section) and pixel tags (see “Pixel Tags” section). This data is internally used to help us administer our Sites, to improve our product offerings and in other ways set forth in this Privacy and Cookie Policy.

 How We Handle the Personal Data You Provide to Us

 Any and all Personal Data we have about you (the “Account”) comes directly from your work-site employer (as applicable), our third-party business partners to whom you voluntarily provide such Personal Data and/or you only. This may include materials such as applications, agreements or forms that you complete in order to receive the services and products offered. Oftentimes, the information you submit is confidential and/or sensitive and requires extra layers of cybersecurity protection. We protect this information with the utmost care, just as you do. We are well aware of the risks of online data transfer and comply with all applicable laws at the fore.

Upon your election, PRemployer will not have access to or store any documents or personal information that you may provide to your work-site employer (as applicable) and/or to our third-party business partners to whose websites our Sites may forward you. In either case, our site offers a launch page which enables you to directly input your materials into a secure website managed and operated by your work-site employer (as applicable) and/or our third-party business partners, who aggregate the data for your work-site employer (as applicable).

As with us, the Personal Data our third-party business partners collect about you comes directly from your work-site employer (as applicable) and/or you only. 

 We Do Not Disclose or Share Your Information To Third-Parties Without Prior Written Authorization

 PRemployer respects the premium you place on keeping your Personal Data a private matter. You can rest assured that, subject to its legal and regulatory obligations, as described below, PRemployer does not disclose it to anyone without first having received your work-site employer’s (as applicable) and/or your prior written authorization, as appropriate.

Examples of persons and entities to whom you will be providing and who will be securely storing your Personal Data include:

• Our third-party business partners, as necessary to process your Third parties in this category include payroll, time and attendance, training, and benefits. Each and all of these persons and entities, are prohibited from using or disclosing information about you except for the narrow purpose for which you give it to them.
• Those authorized specifically by You may direct your work-site employer (as applicable) and/or one of our third-party business partners, for example, to send your Personal Data to a third party. In each instance, the subject documents and/or information may include some or all of the materials you provide to your work-site employer (as applicable) and/or our third-party business partner through their proprietary websites, to which PRemployer does not have ready access unless your work-site employer (as applicable) and/or you provide us with express prior written permission to do so.
• To comply with a regulatory or legal PRemployer may disclose your information to third parties (a) to investigate, prevent, or take action regarding suspected or actual prohibited activities, including but not limited to fraud and situations involving potential threats to the physical safety of any person, (b) to enforce our privacy and cookie policy, (c) to protect our rights, privacy, safety or property and/or that of you or others, and (d) when obligated to do so by law, or in connection with a subpoena, court orders or legal process. While requests pursuant to subpoenas and court orders are rare, PRemployer will promptly notify you of any such request to enable you to respond on your own behalf.

We reserve the right to disclose to third parties aggregated, anonymous data we have collected for any purpose.

Verification of Certain of Your Information

 Federal law requires certain institutions to obtain, verify and record certain information that identifies each person who provides such information. Accordingly, we may ask for your name, address, date of birth, and other information that will allow us to identify you. We may also ask to see documentation that supports your identity.

Health and Medical Information

 Your work-site employer (as applicable) and/or certain of our third-party business partners may collect certain health and/or medical information about you in connection with an insurance transaction initiated by you. This information is disclosed only as necessary in order to process your insurance transaction.

For instance, your health and/or medical information may be disclosed to an insurance body or third party to enable it to perform its insurance function in connection with an insurance transaction involving you. You may either personally see, or obtain by mail, the medical and/or health information about you that we possess in our files. If you believe this information is incomplete or inaccurate, you may request that we make any necessary additions or corrections or, to the extent that it is feasible, that we delete this information from our files.

Security of Personal Data

 PRemployer requests that you not send or disclose any sensitive Personal Data to us on or through the Sites. Examples include your social security number, racial or ethnic origin, political opinions, religion, health, biometrics or genetic characteristics, criminal background or trade union membership. If you send or disclose any sensitive Personal Data to us, you consent to our processing and using such sensitive Personal Data in accordance with this Privacy and Cookie policy.

We take reasonable steps, consistent with generally accepted industry standards, including technical, administrative and physical safeguards, to protect any documents and information you may provide to us from loss, misuse and unauthorized acquisition, compilation, access, use, disclosure, storage, transmittal, alteration and destruction. However, no method of security or transmission over the Internet is entirely secure. You should always use caution when transmitting personal information over the Internet.

You agree that any information you provide to PRemployer, whether through the Account registration process or otherwise, including, without limitation, passwords, usernames, login ID’s, business profiles, credit card information, financial information regarding a business or its employees, personal medical information, information of any kind regarding a business’ employees, and any other personally identifiable information whether through questionnaires, registration forms, or other information requests (“Account Information”), will be true, accurate, current, and complete. You agree not to provide Account Information that is false, inaccurate, misleading, or fraudulent. You agree to provide PRemployer with any information reasonably requested by PRemployer related to the provision of services and products and necessary for administration of the Account.

You are solely responsible for all transactions and transmissions that occur through the use of your Account Information, and it is your responsibility to maintain and promptly update your Account Information. You agree that PRemployer is not liable to you or any third party for damages or losses related to the accuracy or disclosure to PRemployer of your Account Information. It is your responsibility to maintain the confidentiality of your Account Information. PRemployer requires that you agree not to share your Account Information with another person, nor allow another person to use your Account Information. If you suspect that someone has used your Account Information to access any PRemployer services without your authorization, please contact PRemployer immediately.

PRemployer retains a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use and store your Account Information (in any media, currently known or unknown) related to these Terms or PRemployer’s provision of the services and/or products.

You agree not to impersonate any person or entity, misrepresent any affiliation with another person, entity, or association, use false e-mail or other headers, or otherwise conceal your identity from PRemployer for any purpose. If you suspect that someone has used your Account Information to access the Sites or use or purchase the Services without your authorization, please contact us immediately at 334-712-9939 or 1 -800-781-3060.

Data Retention and Deletion

 PRemployer will retain your Personal Data as long as reasonably required for you to use the Sites, unless a longer retention period is required or permitted by law. We will delete your Personal Data when no longer necessary to provide access to our Sites. PRemployer will retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting such change or deletion.

Cookies

 Cookies are small data files stored on your computer or mobile device by a website. Session cookies are used to aid navigation, while persistent cookies allow us to maintain information between visits. A persistent cookie remains for a limited time and is deleted by your browser. For more information about cookies, please visit http://www.allaboutcookies.org/cookies/.

We may use the following types of cookies for the purposes set out below:

• Essential Cookies. Used to provide you access to our Sites and enable you to use the features of our Sites.
• Functionality Cookies. Allow us to remember your choices when you use our Sites, providing you with a more personal experience and to avoid you having to re-enter preferences.
• Analytics and Performance Cookies. Used to collect information about traffic on our Sites and how users use our Sites. The information is anonymous.
• Targeting Cookies. These track your browsing habits to enable us to measure our effectiveness and the reach of Marketing, products and services. Based on that information we will send Marketing that we think will be relevant to your interests.
• Social Media Cookies. Created when you share information on a SNS, “like” our Sites, link your account, or engage with our content on a SNS such as Facebook, Twitter, LinkedIn or Google+.
• You can remove or reject cookies via your browser settings. Follow the instructions provided by your browser, located within the “settings”, “help”, “tools” or “edit” menus. If you reject cookies, you still may use our Site but will have limited functionality.

Pixel Tags

 Pixel tags (web beacons and clear GIFs) may be used to track the actions of users on our Sites. A pixel tag is placed on a website or in an email that monitors user behavior and show how relevant our content is to our users, measure Marketing success, and compile statistics about use of the Sites.

Marketing

 We may contact you periodically by email to provide information regarding products, services and content that may be of interest to you, unless you inform us that you do not wish to receive marketing or market research communications from us. If applicable law requires that we receive your consent before we send you certain types of marketing communications, we will only send you those types of communications after receiving your consent.

If you wish to stop receiving marketing or market research communications from us, or would like us to stop processing the documents and/or information you provide to us in any other way, you can unsubscribe from these communications.

Aggregated Data

 We aggregate de-identified data about our subscribers and their use of our Sites. We use this information for market research purposes and to improve the quality of our Sites. We reserve the right to disclose aggregated, anonymous data we have collected to third parties for any purpose.

PRemployer has security measures in place designed to protect the loss, misuse and alteration of the information we hold. Our hardware infrastructure is housed in a controlled access facility that restricts access to authorized individuals with positive identification. The network infrastructure is protected by a firewall and traffic is monitored and logged both on the firewall and servers. Administrative access is limited not only to authorized employees but also to specific remote administration protocols.

All employees with access to Personal Data are trained in PRemployer’s security policies and practices. PRemployer will continue to conduct internal reviews of its security systems and make all necessary enhancements to ensure the safety of the Site, the Services and their users. No method of transmission over the Internet or method of electronic storage is 100% secure; therefore, while PRemployer strives to use commercially acceptable means to protect your Personal Data, we cannot guarantee absolute security.

Children’s Privacy

 The Sites are designed for those ages 18 and older. The Sites do not intentionally gather Personal Data from visitors who are under the age of 13. If a child under 13 submits Personal Data to us and we learn that the Personal Data is the information of a child under 13, PRemployer will delete the information as soon as reasonably practicable. If a parent or guardian becomes aware that his or her child has provided us with Personal Data without their consent, he or she should contact us at 334-712-9939 or 1 -800-781-3060.

For Vermont Residents Only

 The information-sharing practices described above are in accordance with federal law. Vermont law places additional limits on sharing information about Vermont residents so long as they remain residents there. For Vermont residents, we will not share any of Vermont resident’s Personal Data except with the authorization or consent of the Vermont resident or as otherwise permitted by Vermont law.

For Nevada Residents Only

 You may be placed on the Company’s Do Not Call List by contacting the Company at the addresses listed below. Nevada law also requires that we provide consumers with the following contact information:

Bureau of Consumer Protection
Office of the Nevada Attorney General
555 East Washington Avenue Suite 3900
Las Vegas, NV 89101
Phone number: 702-486-3132
Email: BCPINFO@ag.state.nv.us

 For California Residents Only

California imposes additional limits on sharing information about California residents pursuant to the California Consumer Privacy Act of 2018 (“CCPA”).  For California residents, we limit our collection, storage, sharing and destruction of your documents and information to the extent required by applicable California law.

CCPA Section 1798.140(o)(1) defines “Personal Information”, to include certain Customer Data, with the exception of medical information.  As stated therein, “‘Personal information’ means information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. Personal information includes, but is not limited to, the following if it identifies, relates to, describes, is capable of being associated with, or could be reasonably linked, directly or indirectly, with a particular consumer or household:

• Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.
• Any categories of personal information described in subdivision (e) of Section 1798.80 [as defined below].
• Characteristics of protected classifications under California or federal law.
• Commercial information, including records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
• Biometric information.
• Internet or other electronic network activity information, including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement.
• Geolocation data.
• Audio, electronic, visual, thermal, olfactory, or similar information.
• Professional or employment-related information.
• Education information, defined as information that is not publicly available personally identifiable information as defined in the Family Educational Rights and Privacy Act (20 U.S.C. section 1232g, 34 C.F.R. Part 99).
• Inferences drawn from any of the information identified in this subdivision to create a profile about a consumer reflecting the consumer’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.”

As used in the CCPA, “Personal information” is defined in California Code, Civil Code - CIV § 1798.80 to mean “any information that identifies, relates to, describes, or is capable of being associated with, a particular individual, including, but not limited to, his or her name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. “Personal information” does not include publicly available information that is lawfully made available to the general public from federal, state, or local government records.].

In accordance with CCPA, we:

• Provide California residents with notice whenever Personal Information, as defined in the CCPA and below, is collected from them. A California customer has the right to make a verified request seeking (1) identification of the specific pieces of Personal Information that have been collected; (2) a copy of that information; or (3) that the Personal Information be deleted. Within ten (10) days of our receipt of such a request from a California resident, we will publish an acknowledgement to the individual making the request. If we do not maintain any Personal Information for the requestor, this must be disclosed in the response.
• Upon verification of the request, we will respond within thirty (30) days by providing a copy of the requested Personal Information in a readable format, except with respect to Personal Information that was collected or provided in connection with a claim or a civil or criminal lawsuit or proceeding. If the Personal Information cannot be provided, the requestor will be advised of the reason why the request could not be honored.

If the request is for the deletion of Personal Information, such Personal Information will be deleted unless it is necessary for the Company to maintain it (e.g., to complete a transaction or to comply with a legal or regulatory requirement). If such Personal Information cannot be deleted, the requestor will be advised of the reason why the request cannot be honored.

For European Residents Only

 For the purposes of European data protection laws, we are the data controller of the documents and information collected on PRemployer’s public sites. This means that we are responsible for and control the processing of such information, but not the documents or information you provide to your work-site employer (as applicable) or our third-party business partners.

Personal Data is Used by PRemployer as described in this Privacy and Cookie Policy and to the extent necessary for PRemployer to fulfill its legal and contractual obligations and where it is in PRemployer’s legitimate interests to provide you with our products and services and for the purposes mentioned above in this Privacy Notice.

Individuals in Europe have certain data subject rights which may be subject to limitations and/or restrictions.

• You have the right to access, rectify and erase your Personal Data. You also have the right to ask us to restrict the purpose or to object to the processing of your personal information as well as a right to data
• You may have the right to lodge a complaint about the processing of your Personal Individuals in Europe may lodge a complaint about the processing of their Personal Data with their local data protection authority.
• Personal Data we collect may be transferred to and stored within the United States.

Our site is subject to laws in the United States, which may not afford the same level of protection as those in your country. By submitting your personal information to us, you consent to the transfer of your personal information to us and other recipients described in this Privacy and Cookie Policy that are located in countries outside of the European Economic Area, including in the United States. You may withdraw your consent at any time. The withdrawal of your consent shall not affect the lawfulness of processing based on consent before your withdrawal thereof. We will take all steps reasonably necessary to ensure that your Personal Data is treated securely and in accordance with this Privacy and Cookie Policy.

If you wish to exercise any of your rights under this Privacy and Cookie Policy, please send us your request via email to support@premployerinc.com.

Inaccuracy or Discrepancy in Your Information

 Please note that you should report promptly to your work-site employer (as applicable), any relevant third-party business partners and us, as appropriate, any inaccuracy or discrepancy contained in the information provided to your work-site employer (as applicable), our third-party business partners and/or us. Further, please be mindful that any oral communications and/or instructions you provide should be reconfirmed in writing to protect yourself and your legal rights.

Changes in Your Personal and/or Professional Situation

Please promptly inform your work-site employer (as applicable), any relevant third-party business partners and us, as appropriate, of any changes in your personal and/or professional situation so that your information on-file remains current and enables them/us to contact you at your new addresses, as necessary.

Business Continuity Plan

 PRemployer maintains a business continuity plan to address potential significant disruptions to our normal course of business. This plan is reviewed and updated as necessary.

Unsubscribe

 PRemployer email contains an easy, automated way for you to stop receiving Marketing. Select the “unsubscribe” link in the footer of an email from PRemployer and follow the directions. Or, you may reply to your PRemployer email and type the word “UNSUBSCRIBE” in the subject line.

You may opt out of receiving Marketing and communications at any time. By using a PRemployer Site, you consent to PRemployer collecting your Personal Data. You can stop using our site at any time, which will end our collection of your Personal Data.

Contact Details

 If you have any questions about this Privacy and Cookie Policy or other privacy concerns, please contact our Technology Department We can be reached between the hours of 8:00 a.m. to 5:00 p.m. Monday through Friday  or via email at support@premployerinc.com. Please provide the nature of your inquiry as well as contact information to reach you, but do not include any Personal Data in this communication. For your protection, we may only implement requests with respect to the Personal Data associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.

Please also feel free to contact your work-site employer (as applicable). 

PRemployerinc.com Website Terms of Use

Welcome to PRemployer, Inc.’s (“PRemployer”, “us”, “we” and “our”) Internet website (the “Site”, “Service”). Please read these Terms of Use carefully because they are a binding agreement between you and PRemployer.

1. Your Privacy and PRemployer’s Privacy and Cookies Policy. Your privacy is important to us. Please read the PRemployer Privacy and Cookies Policy (the “Privacy and Cookies Policy”), [located above] which is incorporated herein by reference, as it describes the types of Consumer Data we collect from you and your devices (“Consumer Data”), how we acquire, compile, access, use, disclose, store, transmit and destroy your Consumer Data, and the legal bases we have to process your Consumer Data. It also will help you better understand our practices and your rights and obligations.

Where processing is based on consent and to the extent permitted by law, by agreeing to these Terms, you consent to PRemployer’s acquisition, compilation, access, use, disclosure, storage, transmission and destruction of your Consumer Data as described in the Privacy and Cookies Policy. In some cases, we will provide separate notice and request your consent, as referenced in our Privacy and Cookies Policy.

These Terms of Use, together with our Privacy and Cookies Policy (collectively the “Terms”), govern your use of this Site. PRemployer may change the Terms of Use from time to time. Your access to the site in any way is evidence of your acceptance of the Terms and the enforcement of said Terms. If you do not agree to these terms and conditions, you may not use the Site.

PRemployer reserves the right, in its sole discretion, to change, modify, or otherwise alter these Terms at any time effective upon posting of the modified Terms on the Site. Please review the Terms periodically. Your continued use of the Site or any materials or services accessible through it after such posting or notification means you accept the modifications. The use by you of any content or services accessible through the Site may be subject to your acceptance of separate agreements with PRemployer or third parties.

These Terms govern your use of the website that link to these Terms. In these Terms, the word “Site” refers to the Site and the services offered thereon. You automatically agree to these Terms and to our Privacy and Cookies Policy simply by using or logging into the Site.

Please note that we offer many services. Your use of PRemployer products or Services are provided by PRemployer pursuant to a separate manually or digitally-executed agreement. Those additional terms become part of your agreement with us, if you use the services or log into the Site.

2. Using the Services & Support.

You will need to utilize the PRemployer portal to access many of the Services. The PRemployer portal lets you sign in to the Site services and products provided by or through PRemployer and/or an independent third-party business partner of PRemployer.

3. Electronic Communications.

When you visit the Site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

You are responsible for providing, at your expense, any access to the Internet and any required equipment.

4. Third-Party Websites and Services.

In connection with your use of the Site, you may be directed and/or referred to websites, services, products, offers and promotions provided by third parties, and not by PRemployer (the “Third-Party Website and Services”). Such Third-Party Website and Services are not under the control of PRemployer. PRemployer is not responsible for the content of any Third-Party Website or any link contained in a Third-Party Website. PRemployer does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Website and Services, and the inclusion of any link in the Service is not and does not imply an affiliation, sponsorship, endorsement, approval, investigation, verification or monitoring by PRemployer of any information contained in any Third Party Website. In no event will PRemployer be responsible for the information contained in such Third-Party Website or for your use of or inability to use such Third-Party Website. Access to any Third-Party Website is at your own risk, and you acknowledge and understand that a linked Third-Party Website may contain terms and privacy policies that are different from those of PRemployer. PRemployer is not responsible for such provisions and expressly disclaims any liability for them.

5. Disclaimer of Warranties.

Your use of the Site, including any applets, software, links and content contained therein, is entirely at your own risk. THE SERVICE IS PROVIDED “AS IS,” AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PREMPLOYER, ITS AFFILIATES, LICENSORS, THIRD-PARTY CONTENT OR SERVICE PROVIDERS, DISTRIBUTORS, DEALERS AND SUPPLIERS (COLLECTIVELY “SUPPLIERS”) DISCLAIM ALL GUARANTEES AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY REGARDING THE SITE AND RELATED MATERIALS, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY AND NON-INFRINGEMENT. PREMPLOYER DOES NOT WARRANT OR GUARANTEE THE ACCURACY, RELIABILITY, COMPLETENESS, USEFULNESS, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR QUALITY OF ANY CONTENT ON THE SITE, REGARDLESS OF WHO ORIGINATES THAT CONTENT. PREMPLOYER DOES NOT WARRANT THAT THE SITE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU BEAR ALL RISKS ASSOCIATED WITH USING OR RELYING ON THAT CONTENT. PREMPLOYER IS NOT LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY CONTENT LINKED FROM THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN CONTENT, OR FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR RELIANCE ON ANY CONTENT OR WEB LINK. 

6. Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (i) PREMPLOYER’S TOTAL LIABILITY FOR ANY CLAIMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE LESSER OF THE AMOUNT YOU PAID PREMPLOYER TO USE THE SERVICES OR THE COST FOR PREMPLOYER TO SUPPLY YOU WITH THE SERVICES, AND (2) PREMPLOYER SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR FOR DAMAGES ARISING FROM OR RELATING TO YOUR OR ANY THIRD-PARTY’S USE OF THE SITE OR THE SERVICE, TELECOMMUNICATION FAILURES, LOSS, CORRUPTION, SECURITY OR THEFT OF DATA, VIRUSES, SPYWARE,OR THE LIKE, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE SERVICES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PREMPLOYER AND YOU. PREMPLOYER WOULD NOT BE ABLE TO HAVE PROVIDED THE SERVICE WITHOUT SUCH LIMITATIONS. 

7. Termination and Amendment.

Your privilege to use or access the Site may be terminated by PRemployer immediately and without notice if you fail to comply with any term or condition of the Terms. Upon such termination, you must immediately cease accessing or using the Site and agree not to re-register or otherwise make use of the Site. Furthermore, you acknowledge that PRemployer reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Site. You understand that PRemployer may exercise this right in its sole discretion.

1. Miscellaneous.

1. Except as expressly set forth in these Terms, these Terms of Use are a complete statement of the agreement between you and PRemployer and set forth the entire liability of PRemployer and your exclusive remedy with respect to your access and use of the Site and the Services. In the event of a conflict between these Terms of Use and the Privacy Policy, these Terms of Use shall prevail. The Suppliers, agents, distributors, dealers, and employees of PRemployer are not authorized to make modifications to the Terms, or to make any additional representations, commitments or warranties binding on PRemployer. Any waiver of the terms herein by PRemployer must be in writing and signed by an authorized officer of PRemployer and expressly referencing the applicable provisions of the Terms.
2. If any provision of the Terms is invalid or unenforceable under applicable law, then it shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect. The Terms will be governed by Florida law as applied to agreements entered into and to be performed entirely within Florida, without regard to its choice of law or conflicts of law principles that would require application of law of a different jurisdiction, and applicable federal law. The parties hereby consent to the exclusive jurisdiction and venue in the state courts in Bay County, Florida or federal court for the Northern District of Florida. Headings are included for convenience only and shall not be considered in interpreting these Terms. The Terms do not limit any rights that PRemployer may have under trade secret, copyright, patent or other laws.
3. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.