AGREEMENT BETWEEN USER AND HRtoGO
Use of the hrtogo.com website (the “Site”) is subject to these Terms of Use (the “Terms” or “Agreement”). The Site is comprised of various web pages operated by J.D. Allman, Inc. dba HRtoGO (“HRtoGO”, “we” or “us”) that provide a variety of services to employers and their employees (the “Services”).
The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. As used herein the terms “you” and “User” refer to the individual accessing the Site and/or ordering or using the Services and the entity on whose behalf such person is accessing the Site and/or ordering or using the Services (“Entity”). “Entity” includes any entity identified by an individual as the party purchasing, ordering, or using the Services and any Entity employing or engaging an individual who accesses the Site. Any individual accessing the Site on behalf of an Entity or ordering or using Services on behalf of an Entity represents that he or she has the power to bind such entity to this Agreement. Your use of the Site constitutes your agreement to all terms, conditions, and notices at the Site and in this Agreement. User agrees that this Agreement is between HRtoGO on the one hand and User on the other hand. User agrees that HRtoGO may enforce this Agreement against User.
Certain areas of the Site (and your access to or use of certain Services) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between the terms contained herein and the terms and conditions posted for a specific area of the Site or Services, the latter shall take precedence with respect to your use of or access to that area of the Site or Services.
MODIFICATION OF THESE TERMS OF USE
HRtoGO serves the right, at its sole discretion, to change the terms, conditions, fees, and notices under which the Site and Services are offered, at any time and without prior notice. If we modify these terms, we will post the modification on the Site. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
LINKS TO THIRD-PARTY SITES
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of HRtoGOand HRtoGOis not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant to HRtoGOthat you will not use the Site for any purpose that is unlawful or prohibited by this Agreement. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
Users may not: (i) modify, revise, translate or create any derivative works of the Site or supporting documentation; or (ii) decompile, reverse engineer, disassemble or otherwise attempt to derive the source code for the Site.
You hereby represent to HRtoGOthat you have not misrepresented yourself, your contact and payment information, and your purpose for viewing and using the Site and/or any Services.
Users may use information obtained from the Site only in connection with the particular transaction and purpose for which such information was originally requested. Users shall not re-license, resell, or further distribute information.
User is prohibited from making available for the use of others, information, in any form, obtained from the Site, unless required by law where User has notified HRtoGOor unless User first obtains HRtoGO’sconsent.
HRtoGOretains all ownership rights in the information provided through the Site and Services, while the User only obtains the limited grant of rights explicitly granted in this Agreement.
POLICY AGAINST ADVERTISING OUR WEBSITE USING UNSOLICITED EMAIL MESSAGING
We require that all e-mails promoting hrtogo.com or its products are sent only to clients who have agreed to receive such messages. We prohibit any advertising of our brand and Web site using unsolicited email messages. Not complying with this policy can result in partnership termination, account termination and prosecution.
If you feel you’ve been sent unsolicited emails promoting our brand or website and would like to register a complaint, please email our abuse department info@hrtogo.com. We will immediately investigate all allegations made related to unsolicited messages.
LIMITATION OF LIABILITY
HRtoGO HR, AND ITS SUPPLIERS, AGENTS, CONTRACTORS, SERVICE PROVIDERS, AND AFFILIATES, INCLUDING ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS (EACH AN “INDEMNIFIED PARTY”) MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS CONTAINED ON OR OFFERED VIA THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HRtoGOAND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND MATERIALS, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HRtoGOAND/OR ANY INDEMNIFIED PARTY BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE AND/OR SERVICES, WITH THE DELAY OR INABILITY TO USE THE SITE AND/OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND MATERIALS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE AND/OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HRtoGOOR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION FOR ANY ACT OR OMISSION RELATING TO THE SERVICES SHALL NOT EXCEED THE TOTAL CHARGE FOR SERVICES PROVIDED TO USER. USER AGREES TO PROVIDE HRtoGO IMMEDIATE WRITTEN NOTICE OF ANY AND ALL ACTIONS, CLAIMS, LOSSES, OR DAMAGES ARISING OUT OF THE SITE AND/OR SERVICES.
USER AGREES TO RELEASE, DISCHARGE, INDEMNIFY, DEFEND AND HOLD HRtoGOAND INDEMNIFIED PARTIES HARMLESS AGAINST ALL LIABILITIES, CLAIMS, DEMANDS, DAMAGES, LOSSES, FINES, JUDGMENTS, DISPUTES, COSTS, CHARGES AND EXPENSES SUFFERED BY HRtoGOOR ITS AFFILIATES RESULTING FROM, ARISING OUT OF OR RELATED TO IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, HRtoGO’SOR ANY OTHER INDEMNIFIED PARTY’S PROVISIONS OF THE SERVICE, RELIANCE ON INFORMATION AND DATA FURNISHED BY USER OR RESULTING FROM ACTIVITIES THAT HRtoGOOR ANY OTHER INDEMNIFIED PARTY UNDERTAKES AT USER’S REQUEST, OR AT THE REQUEST OF HRtoGOOR ANY OTHER INDEMNIFIED PARTY BELIEVES IN GOOD FAITH TO BE AN AUTHORIZED AGENT OF USER INCLUDING, WITHOUT LIMITATION, COSTS, REASONABLE ATTORNEYS’ FEES AND EXPERT WITNESSES’ FEES INCURRED IN CONNECTION WITH SUCH CLAIMS.
TERMINATION/ACCESS RESTRICTION
HRtoGO reserves the right, in its sole discretion, to terminate your access to the Site and the Services or any portion thereof at any time, without notice, for reasons including but not limited to a violation of this Agreement.
PRIVACY
See HRtoGO’s Privacy Policy for information and notices concerning HRtoGO’scollection and use of User’s personal information.
OWNERSHIP
The Site and Services are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, HRtoGOand its licensors exclusively own all rights, titles, and interests in and to the Site and Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site and Services.
GOVERNING LAW
This Agreement is governed by the laws of the State of California, without regard to the conflicts of law principles thereof and you hereby consent to the exclusive jurisdiction and venue of any state or federal court sitting in Sacramento County, California, in all disputes arising out of or relating to the use of the Site and/or Services (subject to the Alternative Dispute Resolution provisions below, as applicable).
ENTIRE AGREEMENT
These Terms constitute the entire and exclusive understanding and agreement between HRtoGOand you regarding the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between HRtoGOand you regarding the Site and Services.
ASSIGNMENT
You may not assign or transfer these Terms, by operation of law or otherwise, without HRtoGO’sprior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. HRtoGO may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.
NOTICES
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by HRtoGO(i) via email (in each case to the email address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
DISPUTE RESOLUTION
Any dispute relating in any way to your visit to the Site shall be submitted to confidential, binding arbitration in Sacramento, California, except that, to the extent you have in any manner violated or threatened to violate HRtoGO’sintellectual property rights, HRtoGO may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. Use of this Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
GENERAL
The failure of HRtoGO to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of HRtoGO. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.