HR SUPPORT PLATFORM MEMBERSHIP
TERMS AND CONDITIONS
Last Updated 4/6/2021
By purchasing a Monthly Subscription to the Platform, you (a) acknowledge that you have read and understand this agreement; (b) represent that you are at least 18 years of age or older; and (c) accept this Agreement and agree that you are legally bound by its terms. If you do not agree these terms, do not purchase a Monthly Subscription and do not use any of the Services.
Monthly Subscription and Payment Terms.
By purchasing a Monthly Subscription, you agree to the initial pre-payment for three full months of service. After three months, and month thereafter, you will be billed a recurring Monthly Subscription fee at the then-current Monthly Subscription rate (“Fee”). We will notify you 15 days prior to the day your Three-Month Subscription is complete. After the three-month membership, you may cancel your Monthly Subscription any time before the next billing cycle, subject to the terms of our cancellation policy published below.
AUTOMATIC MONTHLY RENEWAL TERMS: We bill your credit card for the Monthly Subscription renewal Fee each month on the day that your subscription began.
For example if you purchased your Subscription on 15 Feb 2021, we will begin your monthly renewal payments on 16 May 2021. All subsequent monthly renewal charges will be placed on the 16th of the month. We explain how to cancel your Monthly Subscription below in the Section “Cancellation Policy”.
If we do not receive payment from your credit card provider or if you credit card expires or is rejected, we will contact you to resolve the billing issue. If there is no resolution, your access to the Platform will be terminated. If we are unable to collect Fees due because of an expired credit card or for any other reason, your account will be terminated until payment of Fees is paid in full.
If your Membership is cancelled or terminated for reason, and you would like to renew your Membership at a later time, you will be required to re-subscribe to the Six-Month enrollment subscription described above.
We reserve the right to refuse or deny membership in our sole discretion.
Fee Changes and Cancellation Policy
We reserve the right to change the Fees for access to the Platform from time to time. You will be notified of any change to existing Fees at least thirty (30) days before the fee change goes into effect. If you do not agree to a Fee increase or change to Services, you may cancel Services as provided in the Cancellation Policy section. Notice to cancel must be received prior to the time when such fee increase or change to this Agreement takes effect. Your continued use of the Platform beyond the cancellation window constitutes your acceptance and agreement to those changes. If we are is unable to collect Fees due because of an expired credit card or for any other reason, you must pay the amount due immediately upon demand, plus any applicable exceptions processing fees, or charges, plus interest at the lesser of 15% per annum or the maximum rate permitted by law, plus attorneys’ fees and other costs of collection as permitted by law.
To cancel your subscription please contact us at firstname.lastname@example.org. You may cancel your Monthly Subscription any time before the next billing cycle.
Platform License Grant.
Subject to the terms of this Agreement, we grant you a limited, non-exclusive, and non-transferable license to:
- Use the Platform for your personal, non-commercial use.
Restrictions. You shall not:
- Copy any part of the Platform, including any Content available on the Platform, except as expressly permitted by this license.
- Modify, translate, adapt, or otherwise create derivative works or improvements, of the Platform or its Content.
- Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Platform or any part thereof;
- Remove, delete, alter, or obscure any trademarks or copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Platform, including any copy thereof;
- Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Platform, its Content, or any features or functionality of the Platform, to any third-party for any reason, including by making the Platform available on a network where it is capable of being accessed by more than one device at anytime or available to unauthorized users;
- Remove, disable, circumvent or otherwise create, or implement any workaround to any copy protection, rights management, or security features in or protecting the Platform or its Content;
Reservation of Rights.
You acknowledge and agree that the Platform is provided under license, and not sold to you. You do not acquire any ownership interest in the Platform or its Content under this Agreement, or any other rights thereto other than use of the Platform in accordance with the license granted, and subject to the terms, conditions, and restrictions, under this Agreement. We, and our third-party licensors and service providers, reserve and shall retain their entire right, title, and interest in and to the Platform and its Content, including all copyrights, trademarks, and other intellectual property rights therein and relating thereto, except as expressly granted to you in this Agreement.
Collection and Use of your Information.
Content and Services.
The Platform, its Content and Services are based in the state of Colorado in the United States and provided for access and use only by persons located in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
The Platform may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials“). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions. We may provide you links to terms and conditions and privacy policies for third-party licensors and service providers for which you are bound. Your use of the Platform indicates that you agree to be bound by such third party terms and policies.
Term and Termination.
The term of Agreement commences when you acknowledge your acceptance and will continue in effect until terminated by you or Company as set forth in this Agreement.
You may terminate this Agreement by contacting us at email@example.com and indicating your intent to terminate this Agreement.
We may terminate this Agreement at any time without notice if we cease to support the Platform, which we may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement (as we determine in our sole discretion), or you violate the terms or applicable policies of our third party licensors or service providers.
Upon termination all rights granted to you under this Agreement will also terminate; and
you must cease all use of the Platform and delete all copies of the Platform and its Content.
Termination will not limit any of Company’s rights or remedies at law or in equity.
Disclaimer of Warranties. THE PLATFORM IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE PLATFORM, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU
Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM OR THE CONTENT AND SERVICES FOR:
(a)PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(b)DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE PLATFORM.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys’ fees, arising from or relating to your use or misuse of the Platform or your breach of this Agreement, including but not limited to the content you submit or make available through this Platform.
The Platform may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Platform to, or make the Platform accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Platform available outside the US.
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
This Agreement is governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case located in Fort Collins, Colorado and Larimer County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.