Terms & Conditions

(Last updated May 2018)

WELCOME!

This Website is owned and operated by LeasingBids, Inc DBA PayrollCompete (“PayrollCompete”). This document provides important information that you need to consider. If you do not agree to the following terms and conditions of use, please do not use this Website or our services. If you access and use this Website and/or purchase the services provided, you accept and agree to be bound by and comply with the following Terms and Conditions of Use and in compliance with all privacy, intellectual property, data protection, and all applicable federal, state and local laws and regulations.

WHO CAN USE THIS WEBSITE


To use this Website and the services of PayrollCompete, you must be at least 16 years of age. By using this Website, you affirm and represent that you are over age 16. Anyone between age sixteen (16) and eighteen (18) may only use this Website under the supervision of his/her parent or a legal guardian. IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER'S ACCESS TO AND USE OF THIS WEBSITE YOU AGREE TO BE BOUND BY THESE TERMS. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors

If you are a parent or guardian that provides consent to your teenager’s use of this Website, you agree to be bound by these Terms and Conditions of Use in respect of your teenager’s use of this Website. You accept these Terms and Conditions of Use without limitation or qualification. These Terms and Conditions of Use constitute an agreement between PayrollCompete and you.

THE SERVICES


PayrollCompete is a matching payroll, worker's comp, and benefits service company. We do not provide any payroll, worker's comp, benefits, or other human resource related services. There is no professional services relationship created by your use of this website or the services this website provides. PayrollCompete is not an intermediary. Once you have provided your request details for service assistance, PayrollCompete contacts its network of providers who provide the services you have requested assistance in. Once we have located a provider, we provide your contact information so that you may reach out directly and contact you. You are responsible for evaluating and choosing your own service provider. PayrollCompete is not involved, nor is it a party, in any agreements, negotiations, disputes, or other actions between the matched parties, nor does it evaluate in any manner whether any of the providers located on the PayrollCompete network is able to perform the services you are requesting or need. PayrollCompete takes no position and offers no opinion on when or if an provider-client relationship has been formed.

As a matching service, PayrollCompete relies upon the representations of the providers that wish to be matched and does not independently research or evaluate any of the providers in its network. PayrollCompete is not recommending any of the providers that wish to be matched in its network. All evaluations regarding whether or not a responding provider can provide the services you require is up to you.

YOUR USE OF THE WEBSITE


You represent and warrant you will not:


   1.  Use this Website for any illegal, improper or immoral purpose.

   2.  Use this Website in any manner which breaches any law or regulation.

   3.  Use this Website in any manner that causes or which may cause a violation of any third party rights, such as without limitation, a violation of any trademark or copyright rights;

   4.  Post, transmit or disseminate any information on or via this Website which may be harmful, obscene, defamatory or illegal or subject PayrollCompete or any PayrollCompete employee to any liability or attorneys’ fees;

   5.  Interfere or attempt to interfere with the operation or functionality of this Website;

   6.  Attempt to interfere with, harm, steal from, or gain unauthorized access via whatever means, to the Website, user accounts, or the technology and equipment supporting the Website;

   7.  Use data gathering or collecting devices on or through the Website;

   8.  Distribute, modify, transmit, reuse, re-post, or use the material displayed on the Website, including but not limited to, the text, images, audio and video for public or commercial purposes without the prior written consent of PayrollCompete;

   9.  Use the Website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law.

YOUR PRIVACY & SECURITY


The personally identifiable information that you provide when using the features of this Website is subject to PayrollCompete’s Privacy Policy. Please review this Privacy Policy, which is incorporated into these Terms and Conditions of Use. Please click here to read PayrollCompete’s Privacy Policy.

CONFIDENTIALITY


PayrollCompete makes every effort to maintain the confidentiality of any information submitted by you to our Website. However any information you provide is not privileged. When filling out the Request Payroll Quotes Form, please keep in mind that PayrollCompete could be compelled by legal process to produce any information you have provided, even it contains confessions, admissions, highly personal, sensitive, or incriminating information.

PAYROLLCOMPETE’S INTELLECTUAL PROPERTY RIGHTS


Unless expressly provided otherwise, all materials you see or read on the Website or published on any PayrollCompete on-line service are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by PayrollCompete and may not be used by you in any manner without the prior written consent of PayrollCompete. PayrollCompete owns all intellectual property rights, including any and all copyright in all aspects of this Website, including without limitation, design, text, graphics, applications, software and underlying source code.

The trademarks, names, logos and service marks (collectively "Trademarks") displayed on this Website are proprietary to PayrollCompete or the other respective owners of such Trademarks. Apart from your usage as part of the Website, nothing contained on this Website should be construed as granting any license or right to use any trademark without the prior written permission from PayrollCompete or any other owner of any of the Trademarks. You agree that printing, downloading or otherwise using the Website content in accordance with the Terms and Conditions of Use does not entitle you to any ownership or right to use any of the intellectual property rights in the Website content. PayrollCompete marks displayed on this Website or in any the PayrollCompete on-line services represent some of the proprietary rights currently owned or controlled by PayrollCompete in the United States and/or in other countries and are not intended to be a comprehensive compilation of all PayrollCompete's worldwide proprietary ownership rights.

In the event that you are prompted by this Website or any other PayrollCompete online services to download any material, you agree that any downloading of content is for personal, non-commercial reference only. No part of this Website may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior permission of PayrollCompete.

You shall be solely responsible for any damage resulting from your infringement.

You may not remove or alter any copyright, trademark or other proprietary right notice in the PayrollCompete on-line services. All rights not expressly granted are reserved.

DIGITAL MILLENNIUM COPYRIGHT ACT ("DMCA") POLICY


This DMCA statement constitutes part of the legal terms and conditions governing all users of this Website and all PayrollCompete on-line services. In compliance with the DMCA (Title 17, United States Code), PayrollCompete will respond to proper notifications of claimed copyright infringement with respect to material posted by users, and will take appropriate action including removing and disabling access to the allegedly infringing material. PayrollCompete also reserves the right to remove and disable access to any user-posted material which, in PayrollCompete's sole judgment, may be infringing or violating another's intellectual property rights, whether or not PayrollCompete has been notified by the rights holder.

REPEAT INFRINGER POLICY


In accordance with the DMCA and other applicable law, PayrollCompete has adopted a policy of terminating, in appropriate circumstances, the accounts of registered users who are determined by PayrollCompete to be repeat infringers. PayrollCompete may also, in its sole discretion, suspend and/or terminate the account of any registered user who infringes another's intellectual property right, whether or not there is repeat infringement.

DESIGNATED AGENT


In compliance with the DMCA, the Designated Agent for PayrollCompete to receive notifications of claimed infringement relating to any of the PayrollCompete on-line services is,


   Registered Agent: Ari Jordan
   By mail: 3287 NW 61st Street, Boca Raton, FL 33496
   By telephone: ‪(561) 288-0185‬
   By email: info@payrollcompete.com

NOTICE OF CLAIMED COPYRIGHT INFRINGEMENT


If you believe that your copyright has been infringed or violated by any material posted on any of this Website on any PayrollCompete on-line services, please notify our Designated Agent listed above in writing and provide the following requisite information:


   •  a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

   •  identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

   •  identification of the material that is claimed to be infringing 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 the service provider to locate the material;

   •  information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;

   •  a statement that the complaining party has 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

   •  a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

COUNTER-NOTIFICATION TO CLAIMED COPYRIGHT INFRINGEMENT


Under the DMCA, if a notice of copyright infringement has been filed against material posted by you on any of this Website or on any of the PayrollCompete on-line services, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:


   •  your physical or electronic signature;

   •  identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

   •  a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and

   •  your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of Florida, U.S.A., if you reside outside of the U.S.A.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.

If PayrollCompete receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.

LIABILITY FOR MISREPRESENTATION UNDER THE DMCA


Please note that, pursuant to the DMCA, any person who knowingly materially misrepresents that any material or activity is infringing, or that any material or activity was removed or disabled by mistake or misidentification, will be liable for damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by an online service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.

Accordingly, if you are not sure whether certain material or activity infringes your or another's copyright, please consult with a qualified attorney.

EXTERNAL LINKS TO OTHER WEBSITES


External links to other websites may be provided for your convenience, but they are beyond the control of PayrollCompete and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external Website's terms and conditions of use. No hypertext links shall be created from any Website controlled by you or otherwise to this Website without the express prior written permission of PayrollCompete.

PAYROLLCOMPETE’S DISCLAIMER OF LIABILITY AND WARRANTIES


Except as expressly otherwise stated, PayrollCompete does not make any warranty, express or implied, as to accuracy, reliability or availability of any content on this Website or on any of the PayrollCompete on-line services. PayrollCompete makes no warranties, representations, statements or guarantees, whether express or implied, including, without limitation regarding the Website, the information contained on the Website, your or your company's personal information or material and information transmitted over our system. Without limiting the generality of the preceding sentences, PayrollCompete specifically disclaims, to the fullest extent allowed by applicable law, all implied warranties of merchantability and fitness for purpose, and all warranties of title and non-infringement of third party rights, with respect to this Website and with respect to all of its online services and all materials accessible through this Website or any PayrollCompete on-line services.

You are using this Website and any PayrollCompete on-line service at your own risk. Neither PayrollCompete, any PayrollCompete Affiliate, nor their officers, directors, employees, agents, or representatives, or any party involved in the creation, production or delivering of content for this Website or any PayrollCompete on-line service (each, a “PayrollCompete Party”) shall be liable for any direct, indirect, incidental, consequential or punitive damages arising out of your access to, or use of, the Website or of any PayrollCompete on-line service. No PayrollCompete Party is responsible for any, and each PayrollCompete Party disclaims all, liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access to and use of the Website or any PayrollCompete on-line service, any information contained on the Website or on any PayrollCompete on-line service, your or your company's personal information or material and information transmitted over our system.

While every effort is made to update the information contained on this Website and on any PayrollCompete on-line service, neither PayrollCompete nor any third party or data or content provider make any representations or warranties, whether express or implied as to the accuracy, completeness or reliability of any information, data and/or content contained on the Website or on any PayrollCompete on-line service (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the Website or on any PayrollCompete on-line service. PayrollCompete assumes no liability or responsibility for any errors or omissions in the material displayed on the Website or on any PayrollCompete on-line service. PayrollCompete reserves the right at any time to change or discontinue without notice, any aspect or feature of this Website the Website or of any PayrollCompete on-line service. No information shall be construed as legal advice. You rely on the information contained on this Website or on any PayrollCompete on-line service at your own risk and are encouraged to independently research and evaluate all information before using the Website or on any PayrollCompete on-line service or engaging in any action or transaction. If you find an error or omission at this Website or any PayrollCompete on-line service, please let us know immediately.

INDEMNIFICATION AND LIMITATION OF LIABILITY


YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS PAYROLLCOMPETE AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF THIS WEBSITE OR OF ANY PAYROLLCOMPETE ON-LINE SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS AND CONDITIONS OF USE.

JURISDICTION


The laws of the State of Florida will control these Terms and Conditions of Use, without giving effect to any principles of conflict of laws. You agree that exclusive jurisdiction over any cause of action arising out of these Terms and Conditions of Use or this Website or services or any of the PayrollCompete on-line services shall be in the State or Federal courts located in or near Boca Raton, Florida. You further agree that venue for any dispute arising from these Terms and Conditions of Use or this Website or services or any of the PayrollCompete on-line services shall be in the State or Federal courts located in Palm Beach County, Florida and expressly agree to waive all rights to dispute this venue, including the right to file any motions to transfer to a different venue. If a court of competent jurisdiction finds that any provision of these Terms and Conditions of Use is invalid or unenforceable, we both agree that the other provisions of these Terms and Conditions of Use will remain in full force and effect. You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to the PayrollCompete Website, any PayrollCompete on-line services or these Terms and Conditions of Use more than one (1) year after such claim or cause of action arose. PayrollCompete's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions of Use will not constitute a waiver of that provision.

GEOGRAPHICAL SCOPE OF THE PAYROLLCOMPETE ON-LINE SERVICES


PayrollCompete controls and operates this Website and the PayrollCompete on-line services from within the United States. Unless otherwise specified this Website and the PayrollCompete on-line services are intended to promote only those PayrollCompete products that are offered by PayrollCompete in the United States; PayrollCompete makes no representation that the materials on this Website or in the PayrollCompete on-line services or the products described thereby are appropriate or available for use in other locations. If you access this Website or the PayrollCompete on-line services from outside the United States, it is possible that this Website and/or the PayrollCompete on-line services may contain references to products and services that are not available or are prohibited in your country. All visitors to and users of this Website or of the PayrollCompete on-line services are responsible for compliance with all local laws applicable to them with respect to the content and operation of this Website and/or the PayrollCompete on-line services.

This English-language set of terms is PayrollCompete's official statement of its terms and conditions of use for this Website and for all the PayrollCompete on-line services. In case of any inconsistency between these English-language set of terms and its translation into another language, these English-language Terms and Conditions of Use prevail.

MODIFICATION AND CHANGES


PayrollCompete may at any time modify any of these Terms and Conditions of Use. You acknowledge that by visiting the Website from time to time, you shall become bound to the current version of the Terms and Conditions of Use (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the Website. PayrollCompete will notify you of any change to these Terms and Conditions of Use by updating the “Last Updated” date at the top of this webpage.

YOUR COMMENTS OR QUESTIONS


If you have any questions, comments or concerns arising from this Website, the Privacy Policy or any other relevant terms and conditions, policies and notices or the way in which we are handling your personal information please contact us at info@payrollcompete.com.

ENTIRE AGREEMENT


These Terms and Conditions of Use and the Privacy Policy posted on this Website (the “Website Agreements”) constitute the sole record of the agreement between you and PayrollCompete in relation to your use of this Website and the PayrollCompete on-line services. Neither you nor PayrollCompete shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated the Website Agreements supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and PayrollCompete.