|Agreement between user and HRGazette.com
These Terms and Conditions are an agreement (“Agreement”) between you and HR Speaks, LLC (“HR Speaks”) regarding your use of the information, software, products, and services contained in or available through the HR Gazette (hrgazette.com) website. The HR Gazette (hrgazette.com) website is comprised of various web pages operated by “HR SPEAKS”. The HR Gazette (hrgazette.com) website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the HR Gazette (hrgazette.com) website constitutes your agreement to all such terms, conditions, and notices.
|HR Gazette (hrgazette.com) is not a law firm, and the employees of HR Gazette (hrgazette.com) are not acting as your attorney. HR Gazette (hrgazette.com) does not practice law and does not give legal advice. This site is not intended to create an attorney-client relationship, and by using HR Gazette (hrgazette.com), no attorney-client relationship will be created with HR Gazette (hrgazette.com). The HR Gazette (hrgazette.com) web site is not a substitute for the advice of an attorney.
Furthermore, the legal information on this site is not legal advice and is not guaranteed to be correct, complete or up-to-date. Because the law changes rapidly, HR Gazette (hrgazette.com) cannot guarantee that all the information on the site is completely current. The law is different from jurisdiction to jurisdiction, and is also subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind HR Gazette (hrgazette.com) provides can fit every circumstance. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our posts, you should consult a licensed attorney in your area.
This site and some of the articles on this site contain links to other resources and businesses on the Internet. Those links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that HR Gazette (hrgazette.com) sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
HR Gazette (hrgazette.com) is not responsible for any loss, injury, claim, liability, or damage related to your use of this site or any site linked to this site, whether from errors or omissions in the content of our site or any other linked sites, from the site being down or from any other use of the site. In short, your use of the site is at your own risk.
|HR GAZETTE™ AND HR SPEAKS, LLC ARE NOT “LAWYER REFERRAL SERVICES.”
HR GAZETTE (hrgazette.com) PROVIDES A PLATFORM FOR LEGAL INFORMATION, SELF HELP AND COLLABORATION. IDENTIFICATION OF ANY LAWYER BY NAME, ADDRESS AND CONTACT INFORMATION PUBLISHED AT HR GAZETTE (HRGAZETTE.COM) IS FOR INFORMATION PURPOSES ONLY, IS FREE FOR BOTH LAWYERS AND NON-LAWYERS AND DOES NOT CONSTITUTE AN ENDORSEMENT OR APPROVAL OF ANY LISTED LAWYER. THERE IS NO FEE SHARING ARRANGEMENT BETWEEN HR GAZETTE OR HR SPEAKS, LLC AND ANY LISTED LAWYER FOR ANY LEGAL MATTER. BEFORE RETAINING A LAWYER, EVERYONE SHOULD CAREFULLY CONSIDER THE LAWYER’S KNOWLEDGE AND EXPERIENCE AND ASK FOR A WRITTEN LEGAL SERVICES AGREEMENT DETAILING THE TERMS AND CONDITIONS OF THE REPRESENTATION, INCLUDING ALL FEES, EXPENSES AND OTHER OBLIGATIONS. NO LEGAL REPRESENTATION RELATIONSHIP EXISTS IN ANY WAY BETWEEN ANY HR GAZETTE (hrgazette.com) USER AND HR GAZETTE (hrgazette.com) OR ITS PARENT, SUBSIDIARIES OR AFFILIATES.
|Fees and Renewals
From time to time, we may offer different subscription terms, and the membership fees for such subscriptions may vary. The membership fees are non-refundable except as expressly set forth below.
UNLESS YOU NOTIFY US BEFORE THE RENEWAL DATE OF YOUR MEMBERSHIP THAT YOU WANT TO CANCEL OR AUTO RENEW, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU) TO COLLECT THE THEN APPLICABLE MEMBERSHIP FEES, USING ANY VALID PAYMENT SOURCE WE HAVE ON RECORD FOR YOU.
|Free Trials and Refund Policy
Free trials of certain HR Gazette (hrgazette.com) or HR Speaks products and services may be offered from time to time. The terms and conditions of such free trials shall be contained in the offer. No refund of any amount paid shall be granted under any of the following circumstances: 1) the accurate conversion of a free trial to a paid service; 2) the accurate collection of any fee for any active membership or other subscription service; or 3) the accurate collection of fees or other payment for any other product or service.
HR SPEAKS reserves the right to change the terms, conditions, and notices under which the HR Gazette (hrgazette.com) website is offered, including but not limited to the charges associated with the use of the HR Gazette (hrgazette.com) website.
You understand and agree that your use of HR Gazette (hrgazette.com) after the date on which the Terms and Conditions have changed shall be treated as acceptance of the updated Terms and Conditions.
|Links to third party sites / Third party services
The HR Gazette (hrgazette.com) website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of HR SPEAKS and HR SPEAKS is 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. HR SPEAKS is not responsible for webcasting or any other form of transmission received from any Linked Site. HR SPEAKS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HR SPEAKS of the site or any association with its operators. These Terms and Conditions do not cover your interaction with Linked Sites, and you should carefully review the terms and conditions and privacy policies of any third party sites.
Certain services made available via HR Gazette (hrgazette.com) are delivered by third parties. By using any product, service or functionality originating from the HR Gazette (hrgazette.com) domain, you hereby acknowledge and consent that HR SPEAKS may share such information and data with any third party with whom HR SPEAKS has a contractual relationship to provide the requested product, service or functionality on behalf of HR Gazette (hrgazette.com) users and customers.
|No unlawful or prohibited use|
|As a condition of your use of the HR Gazette (hrgazette.com) website, you warrant to HR SPEAKS that you will not use the HR Gazette (hrgazette.com) website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the HR Gazette (hrgazette.com) website in any manner which could damage, disable, overburden, or impair the HR Gazette (hrgazette.com) website or interfere with any other party’s use and enjoyment of the HR Gazette (hrgazette.com) website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the HR Gazette (hrgazette.com) websites.
THE LEGAL FORMS, LEGAL DOCUMENTS, LETTERS, ARTICLES AND ALL OTHER CONTENT FOUND ON THE HR GAZETTE (HRGAZETTE.COM) WEBSITE (“HR SPEAKS CONTENT”) ARE PROTECTED BY COPYRIGHT AND ALL OTHER APPLICABLE INTELLECTUAL PROPERTY RIGHTS. HR SPEAKS CONTENT IS NOT FOR RESALE. YOUR USE OF THE HR GAZETTE (HRGAZETTE.COM) WEBSITE DOES NOT ENTITLE YOU TO RESELL ANY HR GAZETTE (HRGAZETTE.COM) CONTENT. FOR THE AVOIDANCE OF DOUBT, YOUR USE OF THE HR GAZETTE (HRGAZETTE.COM) WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND YOUR PROMISE THAT YOU WILL NOT RESELL OR OTHERWISE ATTEMPT TO COMMERCIALLY BENEFIT FROM THE HR SPEAKS CONENT WITHOUT THE EXPRESS WRITTEN CONSENT OF HR SPEAKS, LLC.
|Use of communication services
The HR Gazette (hrgazette.com) website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
Conduct or forward surveys, contests, pyramid schemes or chain letters.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
Violate any applicable laws or regulations.
HR SPEAKS has no obligation to monitor the Communication Services. However, HR SPEAKS reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. HR SPEAKS reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
HR SPEAKS reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in HR SPEAKS’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. HR SPEAKS does not control or endorse the content, messages or information found in any Communication Service and, therefore, HR SPEAKS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized HR SPEAKS spokespersons, and their views do not necessarily reflect those of HR SPEAKS.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
|Materials provided to HR Gazette (hrgazette.com) or posted at any HR SPEAKS website
HR SPEAKS does not claim ownership of the materials you provide to HR Gazette (hrgazette.com) (including feedback and suggestions) or post, upload, input or submit to any HR Gazette (hrgazette.com) website or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting HR SPEAKS, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. HR SPEAKS is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in HR SPEAKS’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE HR GAZETTE (HRGAZETTE.COM) WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HR SPEAKS, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE HR GAZETTE (HRGAZETTE.COM) WEBSITE AT ANY TIME. ADVICE RECEIVED VIA THE HR GAZETTE (HRGAZETTE.COM) WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
HR SPEAKS, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE HR GAZETTE (HRGAZETTE.COM) WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. HR SPEAKS, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Service Contact: email@example.com
|Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
Most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing our customer service department at firstname.lastname@example.org. In the unlikely event that our customer service department is unable to resolve a complaint you may have (or if HR SPEAKS has not been able to resolve a dispute it has with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration, mediation, or small claims court instead of in courts of general jurisdiction. Arbitration, which is often cheaper, faster, and less formal than a lawsuit in a court, uses a neutral arbitrator instead of a judge or jury. Arbitrators can award the same damages and relief that a court can award. Also, in arbitration you are entitled to recover attorneys’ fees from HR SPEAKS to at least the same extent as you would be in court. Any arbitration under this Agreement will take place on an individual basis; to the extent permitted by law class arbitrations and class actions are not permitted.
HR SPEAKS and you agree to arbitrate all disputes and claims between us. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
References to “HR SPEAKS”, “you”, and “us” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior agreements between us. Notwithstanding the foregoing, either party may bring an individual action in small claims court. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Agreement, you and HR SPEAKS are each waiving the right to a trial by jury or to participate in a class action. This agreement evidences a transaction in the interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement.
A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to HR SPEAKS should be addressed to Administrator, HR Speaks, LLC, 432 39th Avenue, San Francisco, CA 94121. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If HR SPEAKS and you do not reach an agreement to resolve the claim within sixty (60) calendar days after the Notice is received, you or HR SPEAKS may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by HR SPEAKS or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or HR SPEAKS is entitled.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless HR SPEAKS and you agree otherwise, any arbitration hearings will take place in San Francisco, CA. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Each party to pay his or her or its own attorneys’ fees and arbitrator’s fees for any arbitration initiated in accordance with the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.
The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees and expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND HR SPEAKS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND, TO THE EXTENT PERMITTED BY LAW, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and HR SPEAKS agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
Notwithstanding any provision in this Agreement to the contrary, we agree that if HR SPEAKS makes any future change to this arbitration provision (other than a change to the Notice Address) during your Membership, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.
HR SPEAKS reserves the right, in its sole discretion, to terminate your access to the HR Gazette (hrgazette.com) website and the related services or any portion thereof at any time, without notice.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and HR SPEAKS as a result of this agreement or use of the HR Gazette (hrgazette.com) website. HR SPEAKS’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HR SPEAKS’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the HR Gazette (hrgazette.com) website or information provided to or gathered by HR SPEAKS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and HR SPEAKS with respect to the HR Gazette (hrgazette.com) website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HR SPEAKS with respect to the HR Gazette (hrgazette.com) website. You may not assign or otherwise transfer the Terms and Conditions, or any right granted hereunder, without HR SPEAKS’s written consent. HR SPEAKS’s rights under the Terms and Conditions are freely transferable by HR SPEAKS. Any failure by HR SPEAKS to enforce or exercise any provision of the Terms and Conditions, or any related right, shall not constitute a waiver of that provision or right. Any rights not expressly granted herein are reserved.
HR SPEAKS may provide you with notices, including those regarding changes to the Terms and Conditions, by email, regular mail, postings on the HR Gazette (hrgazette.com) website, or other reasonable means now known or hereafter developed.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents have been drawn up in English.
|Copyright and trademark notices
All contents of the HR Gazette (hrgazette.com) website are Copyright © 2012 HR Speaks, LLC and/or its suppliers, affiliates and partners. All rights reserved.
HR Speaks™ and HR Gazette™ are trademarks of HR Speaks, LLC. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
|Notices and procedure for making claims of copyright infringement
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE ABOVE PROCEDURE WILL RECEIVE NO RESPONSE