WHG’s Self-Service Portal contains such HR forms, templates, and guides as WHG may upload to the Self-Service Portal, with such amendments, changes, alterations, and updates as WHG may determine, from time to time, in its sole and absolute discretion.  Client acknowledges and agrees that nothing in this Agreement creates or is intended to create an employment relationship between WHG and Client.

Client shall be the sole user of all materials on the Self-Service Portal, which Client uses at its own risk and with no warranties or representations from WHG.  WHG DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, AND WARRANTIES, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WITH RESPECT TO THE SELF-SERVICE PORTAL AND THE MATERIALS ACCESSIBLE THEREFROM, INCLUDING THEIR CONDITION, THEIR CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND THEIR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WHG FURTHER DISCLAIMS ANY AND ALL OTHER PROMISES, REPRESENTATIONS, AND WARRANTIES WITH RESPECT TO THE NATURE AND QUALITY OF ANY OTHER PERFORMANCE BY WHG, EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT.  CLIENT ACCEPTS THE SELF-SERVICE PORTAL AND ALL MATERIALS IN THEIR “AS IS” CONDITION AND WITH ALL FAULTS

Client shall use the materials accessible on the Self-Service Portal only in the State of South Carolina.

Client’s access to the Self-Service Portal and use of the materials thereon shall be deemed a nonexclusive and nontransferable license, which Client may not assign or transfer, whether by operation of law or otherwise, except with WHG’s prior written consent.  Neither this Agreement nor Client’s access to the Self-Service Portal and/or the materials thereon shall provide Client with title or ownership to the Self-Service Portal or the materials thereon, but only a right of limited use.

Client understands and acknowledges that access to the Self-Service Portal and the materials thereon may be subject to connectivity or other technical issues, which prevent Client from unrestricted and continuous access.  Client agrees that WHG shall not be liable, in any manner whatsoever, Including, but not limited to, claims for refunds, for any such disruption in accessibility to the Self-Service Portal and/or the materials thereon.  FURTHERMORE, CLIENT WAIVES ANY CLAIMS AGAINST WHG and its members, managers, officers, directors, employees, representatives, and agents arising from or otherwise related to such disruption in access.

Client agrees to indemnity, defend, and hold harmless WHG, its members, managers, officers, directors, employees, agents, and representatives from and against any and all claims, expenses (including but not limited to court costs and attorneys’ fees), liabilities, taxes, and administrative penalties, whether known or unknown, which WHG may incur or become liable for or which may be asserted against WHG, by any relevant authority, as a result of or in any manner related to (i) any and all HR decisions made by and/or employment relationships entered into by and between Client and any person; (ii) the acts, errors, or omissions of Client (or its agents) or the Client’s employees; (iii) any breach of this Agreement by Client or Client’s failure to fulfill its obligations under this Agreement; and (iv) any claims asserted by or liability to third parties arising from or related to, in whole or in part, Client’s business. This indemnification shall survive the termination of this Agreement.

 

Client understands that all HR and employment decisions, including, but not limited to those made using the Self-Service Portal or the materials thereon, are solely that of Client.