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HR.com Terms and Conditions of Use/Content Agreement
Welcome to HR.com. The following terms and conditions are important things that you should know before using or accessing HR.com. Please read them carefully. By accessing or using any part of HR.com or any of the products or services offered by or through HR.com, you agree to be bound by the following terms and conditions of use. If you do not wish to be bound by these terms and conditions, you may not access or use HR.com. If these conditions change, you will be notified via email.
HR.com and its affiliates and partners respect the privacy of its visitors. HR.com does not collect any personal information through the web site without the knowledge of the visitor. HR.com is a community, resource and social network based site. To gain full access to the site, there are two ways in which you can register at HR.com:
Users will be required to enter valid contact data. As a part of the HR.com network, you will receive a minimum of 2 pieces of email a week. This email is our General eBulletin and HR Promotions mailstream which is a direct advertising mailout from one or more of our valued advertisers or it may contain news and interviews related to the industry from a vendor. Vendors will receive our monthly vendor newsletter. Registered users of HR.com will also be offered a variety of other email or mailstreams such as industry-specific eBulletins and HR.com announcements and surveys. You will have the option to remove yourself from these particular mailouts whenever you wish. As part of our network, there is a mandatory requirement to subscribe to 1 HR Promotions mailout per week. Unsubscribing from this HR Promotions stream will deactivate your profile and cause inaccessibility to the site.Cancellation Policy
There are many products and services on HR.com, including vendor offers, that have fees or charges associated with them. It is assumedthat existing HR.com network users, and individuals new to the site, who buy or pay for these services are fully aware of what they are buying/purchasing and that they have read all documentation (product descriptions, advertising, etc.) regarding the product, service, etcetera, to have made that choice. There are no refunds whatsoever for our Certification Preparation and Platinum Memberships once activity on the site has been established after the purchase of that membership package. Other products, that have been determined to be defective or damaged, can be returned to us for a full refund within a reasonable amount of time deemed by one of our sales representatives (via email or documented phone call). The cancellation policy of other products, services, etcetera that appear on HR.com but are offered by other companies or individuals, are the sole responsibility of those companies or individuals. HR.com does not assume any liability or any sort resulting in the purchase of those particular products, services, etcetera and does not endorse the purchase of the same.
Copyright and Permitted Use of HR.com Materials/Content
HR.com is owned and operated by HR.com Limited. Except where otherwise noted, the content of HR.com's web pages that have been created, provided, written and published by HR.com staff, including the design, text, graphics and arrangement thereof, and the software used herein, is the property of and is owned and controlled by HR.com Limited and is the copyrighted material of HR.com Limited or its content providers. ALL RIGHTS ARE RESERVED. No materials from HR.com that have been created, written and published by HR.com staff, may be copied, duplicated, downloaded, reproduced, sold, resold, shown or played in public, republished, uploaded, posted, stored, transmitted or distributed, adapted or changed in any way or otherwise exploited for any commercial purpose that is not expressly permitted by HR.com, except that you may electronically copy and print in hard copy, portions of HR.com for your personal, non-commercial use only. Any other use, reproduction, modification, distribution, transmission, republication, display or performance without the prior written consent of HR.com Limited is strictly prohibited. Unauthorized attempts to upload information or change information are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986.
"HR.com"; all of our own custom page headers, logos, graphics and button icons are service marks, trademarks and/or trade dress of HR.com Limited. All other trademarks, product names and company names or logos cited anywhere on HR.com are the property of their respective owners.
Except as expressly provided, nothing contained in these terms and conditions or anywhere on HR.com shall be construed as conferring any license under any intellectual property rights of HR.com Limited or any third party.
Rules at HR.com
To guide you in using HR.com responsibly, HR.com Limited has established the following rules. If you do not abide by these rules while using HR.com, HR.com Limited has the right to prohibit you from using HR.com and may terminate any account (without a refund) that you may have on HR.com. While using HR.com, you may not:
1. upload, post, email, transmit or otherwise distribute any data, text, information, messages, software, music, sound, photographs, graphics, video messages or other material:
(a) constituting or encouraging conduct that would intentionally or unintentionally violate any applicable local, state, provincial, national or international law or give rise to civil liability, or otherwise use HR.com in a manner which is contrary to law;
(b) that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or racially, ethically or otherwise objectionable;
(c) that you do not have a right to transmit under any law or under any other arrangement, contractual or otherwise;
(d) that is protected by patent, trademark, trade secret, copyright or other similar intellectual property right of any person without obtaining the permission of the holder of such intellectual property right; or
(e) that contains any virus, cancelbot, trojan horse, worm or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
2. upload, post, email, transmit or otherwise distribute any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation except where specifically permitted on HR.com;
3. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity; or
4. collect or store personal data about other users of HR.com.
Links to HR.com
While using HR.com you will likely access third party web sites through search results displayed on HR.com and links contained on HR.com. Such third-party web sites are not under the control of HR.com Limited and HR.com Limited is not responsible for the availability of such sites or their contents. Any links provided on HR.com are provided for your interest or convenience only and do not represent or imply any endorsement by HR.com Limited of any such linked site. You acknowledge that the use of such third party web sites is governed by the terms and conditions of use applicable to any such site.
HR.COM LIMITED SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR THE ACCURACY, CONTENT, TIMELINESS, COMPLETENESS, LEGALITY, RELIABILITY, QUALITY, SUITABILITY OR DECENCY OF ANY INFORMATION, ADVICE, CONTENT, SERVICE, PRODUCT OR MERCHANDISE CONTAINED IN SITES LISTED IN SEARCH RESULTS ON HR.COM OR OTHERWISE LINKED TO HR.COM.
Third Party Services
limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. You will not consider HR.com as a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
User Content/ Content Agreement
HR.com enables its users to post content (ie; articles, reviews, blogs, wikis, etc.) and comments on content, products and services (herein known as "Your Content"). Such users are solely responsible for any and all information posted as well as any consequences that may result from "Your Content". In posting your material, you are agreeing that you are the sole creator of that content and you are the owner of that copyright. HR.com is not liable for any damages arising from the use of "Your Content". We have the right to refuse and remove any content uploaded, posted, emailed, reproduced, transmitted or otherwise distributed using HR.com, including any of "Your Content". HR.com Limited may also retain "Your Content" and disclose it (including the contents of your private communications), (a) if required by law, (b) as may be required to prevent or correct any problem with or disruption of the operation of HR.com, (c) in connection with any claim that "Your Content" violates the rights of any third party, (d) to protect itself, its officers, directors and employees, the users of HR.com and the public, or (e) to enforce these terms and conditions.
In order to publish your content (ie; comments, articles, news, etcetera), you must agree to the following clauses as pointed out in HR.com´s Content Agreement.
1. By providing Your Content through any publicly accessible areas of HR.com or submitting any of Your Content to HR.com Limited, you automatically grant to HR.com Limited a perpetual, royalty free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute and display any of Your Content into any form, medium or technology now known or hereafter developed. -- This agreement does not in any way limit the Author(s) ability to use or publish their content elsewhere and the Author(s) shall retain the copyright.
2. The Author(s) represents and warrants that the Content provided is original and does not violate or infringe upon any intellectual property rights of any person or entity, including without limitation, any copyright, trademark, patent, statutory, common law or the proprietary rights of others, or contain libelous or obscene material. Any excerpts from other copyrighted works shall only be included in the Content with the prior written permission of the copyright owners.
3. If relevant, the Author(s) will take reasonable care in checking facts and statements and keep all notes and tape recordings made in the course of researching and writing the article. The notes will be made available to HR.com Limited to defend against any legal action or otherwise, and the Author(s) will cooperate with HR.com Limited and its attorneys should the need arise.
4. If relevant, the Author(s) agree(s) to keep notes related to the Content for a period of five (5) years.
5. The Author(s) grant(s) HR.com Limited the right to use the Author's (s') name(s) and likeness in promoting the Content and HR.com Limited. HR.com Limited reserves the right to edit all accepted Content to conform to our style presentation and format, taking care not to change the Author's (s') meaning.
6. The Author(s) indemnifies and agrees to hold HR.com Limited, its parents, subsidiary and affiliated companies and their successors, officers, directors and employees harmless from any damage, cost of expense, including reasonable attorneys fees and costs of settlement, related to any claim, action or proceeding arising out of or in connection with this Agreement and/or the Author's representations or warranties hereunder.
By providing Your Content through any publicly accessible areas of HR.com or submitting any of Your Content to HR.com Limited, you warrant that Your Content is not subject to any third party copyright or any other proprietary right and that you have full capacity and authority to make such posting, transmission, distribution or submission.
General Disclaimer of Representations and Warranties
HR.com Limited is providing HR.com on an "AS IS, AS AVAILABLE" basis to users. HR.com is a service to users seeking human resources news and information. You use HR.com at your own risk. Neither HR.com Limited nor any of its officers, directors, shareholders, employees, affiliates, agents, third-party content providers, sponsors, licensors, or the like, makes any representation or warranty or condition, either express or implied, to you (a) that HR.com will be uninterrupted or error-free, (b) that HR.com or the server that makes HR.com available are free of viruses or other harmful components, (c) as to the accuracy, reliability or completeness of results that may be obtained from the use of HR.com or (d) as to the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any information, advice, content, service, product or merchandise provided through HR.com.
HR.COM LIMITED MAKES AND YOU RECEIVE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITH RESPECT TO HR.COM, ITS CONTENT, ITS MERCHANDISE, ITS SERVICES, ANY DOCUMENTS, INFORMATION, ITEMS OR MATERIALS PROVIDED BY HR.COM LIMITED IN CONNECTION WITH THE USE OF HR.COM, ANY GOODS OR SERVICES RECEIVED THROUGH OR ADVERTISED ON HR.COM OR RECEIVED THROUGH ANY LINKS PROVIDED ON HR.COM, ANY INFORMATION OR ADVICE RECEIVED THROUGH HR.COM OR ANY LINKS PROVIDED ON HR.COM, INCLUDING WITHOUT LIMITATION NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, YEAR 2000 COMPLIANCE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS OR OTHERWISE.
No oral advice or written information given by HR.com Limited or its affiliates, or any of its officers, directors, employees, agents, providers, merchants, sponsors, licensers, or the like, will create a representation, a warranty or condition nor should you rely on any such information or advice.
Some jurisdictions do not allow the exclusion or disclaimer of certain warranties. In such jurisdictions, any or all of the above exclusion may not apply to you.
Disclaimer Regarding Professional Information
HR.com may make available certain professional information provided by third parties including information relating to law and accounting. Before you use any such professional information made available through HR.com or through any link on HR.com, please re-read the above section entitled "General Disclaimer of Representations and Warranties" and the section below entitled "Limitation of Liability" as those provisions apply to any professional information made available to you. Neither HR.com Limited nor any of its officers, directors, employees, agents, sponsors, licensors, or the like is qualified to provide information or advice in any of these or similar professional fields and does not make any representation or warranty or condition, either express or implied, to you regarding the content, accuracy, completeness, legality, reliability, quality or suitability of any such professional information. HR.com Limited recommends that you seek advice from a qualified professional with respect to any issues or questions that you may have relating to medicine, law, accounting or any other profession.
Disclaimer Regarding Downloading
HR.com may make available for downloading certain software, PDFs, PowerPoints, videos, files, and computer programs provided by third parties. Neither HR.com Limited nor any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensors, or the like makes any representation or warranty or condition, either express or implied, to you regarding such software. HR.com Limited cannot guarantee that any such software will meet your needs, standards or desired specifications or that such software will be free from viruses or errors. Before downloading any such software or computer programs, please re-read the above section entitled "General Disclaimer of Representations and Warranties" and the section below entitled "Limitation of Liability". Use of such software is subject to the terms and conditions of any end user license agreement that accompanies such software and by using such software you agree to be bound by the terms and conditions of such license.
YOU AGREE THAT ANY SOFTWARE, COMPUTER PROGRAMS, INFORMATION, PHOTOGRAPHS, MUSIC, VIDEO, AUDIO, POWEPOINTS, CHARTS, GRAPHS, DATA, OR OTHER MATERIALS OBTAINED ON OR THROUGH HR.COM IS DONE AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR OTHER DAMAGES THAT MAY RESULT FROM THE DOWNLOAD OF SUCH MATERIALS.
Limitation of LiabilityUNDER NO CIRCUMSTANCES WILL HR.COM LIMITED OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS, SPONSORS, LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING HR.COM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, USE DATA OR OTHER INTANGIBLE LOSSES) THAT RESULT OR ARISE FROM (A) THE USE OF AND RELIANCE ON HR.COM, (B) THE INABILITY TO USE HR.COM, (C) MISTAKES, OMISSIONS, INTERRUPTIONS, SUSPENSION, TERMINATION, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WITH RESPECT TO HR.COM, INCLUDING WITHOUT LIMITATION THOSE THAT RESULT FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO HR.COM'S RECORDS, PROGRAMS, OR SERVICES, (D) MERCHANDISE, PRODUCTS, OR SERVICES RECEIVED THROUGH OR ADVERTISED ON HR.COM AND MERCHANDISE, PRODUCTS, OR SERVICES RECEIVED THROUGH OR ADVERTISED ON ANY LINKS PROVIDED ON HR.COM, (E) INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON HR.COM AND INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON ANY LINKS PROVIDED ON HR.COM AND (F) ANY INFORMATION, DATA, TEXT, MESSAGES AND OTHER MATERIALS THAT YOU EMAIL, POST, UPLOAD, REPRODUCE, TRANSMIT OR OTHERWISE DISTRIBUTE USING HR.COM.
Because some jurisdictions do not allow the restriction, exclusion or limitation of liability for, in such jurisdictions liability is limited to the fullest extent permitted by law.
Indemnification and Release
You agree defend, indemnify and hold harmless HR.com Limited and its affiliate and related companies, officers, directors, shareholders and employees from any and all claims, liabilities, damages, costs and expenses, including reasonable legal fees, arising from (a) your use of HR.com or the internet, (b) the uploading, posting, emailing, reproducing, transmitting or otherwise distributing of any information, data, text, software, music, sound, photographs, graphics, video messages or other materials by you or any users of any account that you may have with HR.com Limited, or (c) the breach of any of these terms and conditions by you or any users of any account that you may have with HR.com Limited.
Jurisdiction and Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Delaware. HR.com Limited controls HR.com from within the State of Delaware. It can however be accessed from other places around the world. Although these places may have different laws from those of the State of Delaware, by accessing HR.com you agree that the laws of the State of Delaware, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of HR.com. You and HR.com Limited also agree to submit to the non-exclusive jurisdiction of the courts of the State of Delaware, with respect to such matters. Users of HR.com accessing it from places outside of the State of Delaware acknowledge that they do so voluntarily and are responsible for complying with local laws.
These terms and conditions and any and all documents specifically referenced herein, including our content agreement, constitute the entire agreement between you and HR.com Limited with respect to the subject matter hereof. No failure on the part of HR.com Limited to exercise and no delay in exercising any right under these terms and conditions shall operate as a waiver of such right. If any provision contained in these terms and conditions is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these terms and conditions and the remaining provisions shall continue in full force and effect.