These Terms of Service (the “Terms”) set forth the terms and conditions upon which The HR Linc, Inc. (“The HR Linc”) provides certain Services (as defined herein) to its community and clients (the “Membership”). By checking the box, you agree that you have read the Terms and hereby agree to be bound by the Terms. The Terms are binding from the time you accept the Terms until the time your access has been deactivated.
a) Included Services. Pursuant to your membership, The HR Linc will provide you with internet tools, content, materials and education relating to human resource services (collectively, the “Services”). The Services shall specifically include access to The HR Linc’s interactive online learning platform pursuant to which HR Linc shall:
i) Maintain a password-protected internet-based interactive virtual learning platform on The HR Linc’s servers for your use, through which you will have access to certain content;
ii) Provide training and experiential peer learning to you;
iii) Provide access to web-based tools and downloadable forms to assist you;
iv) Provide access to online educational events and seminars;
v) Provide you with mentoring and peer support.
b) Legal Disclaimer. The Services are made available for general informational and educational purposes only, not to provide specific human resources or legal advice.
a) Compliance with Applicable Laws. You agree to use the Services, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service or content therein. The HR Linc may terminate or restrict your use of the Services if you violate these Terms or are engaged in illegal or fraudulent use of the Service.
b) Platform Use. Except as explicitly authorized in these terms and conditions, you agree not to:
i) share, archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Services;
ii) circumvent, remove, alter, deactivate, degrade, block, obscure or thwart any of the content protections or other elements of the Services, including the graphical user interface, any advertising or advertising features, copyright notices, and trademarks;
iii) use any robot, spider, scraper or other automated means to access the Services;
iv) decompile, reverse engineer or disassemble any software or other products or processes accessible through the Services;
v) insert any code or product or manipulate the content of the Services in any way;
vi) use any data mining, data gathering or extraction method;
vii) harass, abuse, harm or advocate or incite harassment, abuse or harm of another person or group, including Company employees and other users;
viii) provide any false personal information to Company or any other user, or create a false identify or impersonate another person or entity in any way;
ix) create a new account with Company, without Company’s express written consent, if Company has previously disabled an account of yours;
x) to solicit, or attempt to solicit, personal information from other users;
xi) to restrict, discourage or inhibit any person from using the Service, disclose personal information about a third person on the Service or obtained from the Service without the consent of such person, or collect information about users;
xii) use the Service to build a competitive product or service;
xiii) upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Services, including any software viruses or any other computer code, files or programs.
Your use of the Services will begin upon account creation and will continue until Membership is terminated. These Terms are binding for the duration of the time in which you have access to the The HR Linc’s Services.
You acknowledge that all methods, processes, business practices, software, documentation, manuals, policies, procedures, forms and all copyrighted materials provided to you for your use shall be and remain the exclusive property of The HR Linc (collectively, “The HR Linc Information”). You may not use or share The HR Linc Information with other people or organizations. You shall not use any The HR Linc Information for any other purpose and shall not be or become entitled to possess any interest in (including liens), or title to The HR Linc Information.
a) Passwords and Account Access.
i) You are responsible for any activity that occurs through your The HR Linc account. To maintain control over the account and prevent anyone from accessing the account (which could include information on viewing history for the account), you should not reveal the password to anyone.
ii) You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you or The HR Linc from identity theft or other fraudulent activity.
b) Confidentiality.
i) In addition to any obligations under any applicable data privacy and protection laws, each party warrants and covenants that all confidential information of the other party which it receives from such party or may have access to (“Confidential Information”) shall be kept confidential by the receiving party and their respective employed or associated persons. You acknowledge that other users with access to the Services may share sensitive information on the platform. You agree to keep any sensitive information confidential.
ii) Neither party shall voluntarily disclose such Confidential Information, either orally or in writing, to any other person or entity except as needed in the usual course of performing these Terms, as expressly required by law or pursuant to the disclosing party’s written authorization, and each party shall take reasonable steps to ensure that neither its agents nor employees disclose such information except as provided herein.
iii) Confidential Information does not include:
(1) information obtained and disclosed by a third party where the third party did not have reason to believe that the information was subject to confidentiality obligations;
(2) information that is or has become publicly available;
(3) information that was independently developed by The HR Linc; and
(4) information that is common knowledge or industry custom.
a) You agree to defend, indemnify and hold harmless The HR Linc and its affiliates, members, directors, officers, shareholders, employees, agents, attorneys, representatives, successors and assigns from and against, any and all claims, liabilities, obligations, judgments, causes of action, damages, and costs and expenses (including reasonable attorneys' fees, expenses and court costs) for which any of them may incur or become liable to a third party to the extent arising out of or resulting from:
i) Your use of the Services, any material breach of any representation, warranty, covenant or agreement by you, including without limitation your failure to perform as required hereunder and violation or alleged violation of any law, statute or regulation; and
ii) personal injury, including death, and tangible property damage caused by or allegedly caused by your negligent act or omission or intentional act or wrongful act.
The HR Linc agrees to provide you with prompt notice of any claim subject to this indemnity, and to reasonably cooperate in the defense of such claim, at your expense. You shall not settle any indemnified claim without The HR Linc's prior written consent.
a) Amendment. These terms may be updated from time to time by The HR Linc; provided, however any modification shall be communicated to you by email at least thirty (30) days prior to taking effect.
b) Governing Law. These Terms of Service shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of New York County, New York.
c) ARBITRATION; CLASS ACTION WAIVER. YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND THE HR LINC OR ITS OFFICERS, DIRECTORS OR EMPLOYEES IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF SERVICE, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE STREAMLINED ARBITRATION RULES AND PROCEDURES OF JAMS, INC. THEN IN EFFECT, AND YOU AND THE HR LINC HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY
RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN ANY STATE OR FEDERAL COURT IN THE STATE OF NEW YORK. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND THE HR LINC WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. AS AN ALTERNATIVE, YOU MAY BRING YOUR CLAIM IN YOUR LOCAL “SMALL CLAIMS” COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT’S RULES AND IF WITHIN SUCH COURT’S JURISDICTION, UNLESS SUCH ACTION IS TRANSFERRED, REMOVED OR APPEALED TO A DIFFERENT COURT. YOU MAY BRING CLAIMS ONLY ON YOUR OWN BEHALF. NEITHER YOU NOR THE HR LINC WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THIS AGREEMENT TO ARBITRATE. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event JAMS, Inc. is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the American Arbitration Association. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. The arbitration shall be conducted in the English language. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms and Conditions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or these Terms and Conditions must be filed within one (1) year after such claim of action arose or be forever banned.
d) Force Majeure. The obligations of the parties under these terms and conditions (other than the obligation to make payments) shall be suspended to the extent a party is hindered or prevented from complying therewith because of labor disturbances (including strikes or lockouts), war, acts of terrorism, acts of God, earthquakes, fires, storms, accidents, governmental regulations, global pandemics, failure of vendors or suppliers or any other cause whatsoever beyond a party's control. For so long as such circumstances prevail, the party whose performance is delayed or hindered shall continue to use all commercially reasonable efforts to recommence performance without delay.
e) Entire Agreement and Severability. These Terms represent the complete terms and conditions of the Membership. No verbal discussions or written information separate from these Terms shall modify or invalidate any portion of these Terms. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.