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Terms and Conditions of Use
Terms & Conditions
HR COMPANY STORE TERMS OF SERVICE AGREEMENT Effective July 2, 2015 HR Company Store is a one-of-a-kind website that allows HR professionals the opportunity to find vendors all in one place, learn about what services or products are offered and see how other HR professionals rate their experience. In addition, the site also provides B2B companies who provide vital services to HR Professionals with a single-source, direct marketing opportunity. This HR Professional Terms of Service Agreement (this “Agreementâ€) is entered into between you (“Vendor Partnerâ€) or (“HR Professionalâ€) and HR Company Store, and is made effective the date of your use of the HR Company Store website (“website†or “siteâ€). This Agreement sets the general terms and conditions of your use of the site. Your use of this site is electronic acceptance of this Agreement and it signifies that you have read, understand, acknowledge and agree to be bound by the terms of this Agreement. This is considered a legally binding agreement. The terms “weâ€, “us†or “our†refers to HR Company Store, an Arizona Limited Liability Company. The terms “youâ€, “yourâ€, “userâ€, or “Vendor Partner†or “HR Professional†refers to any individual, organization or entity who accepts into this Agreement, has access to your account or uses the services. Nothing in this Agreement is deemed to infer any third-party rights or benefits. HR Company Store, in its sole and absolute discretion, may unilaterally change or modify this Agreement, and any policies or agreements which are incorporated within this website, at any time, and such changes or modification are effective immediately upon HR Company Store posting the change(s) to this site. Your use of HR Company Store after changes or modifications have been made constitutes your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement, or any Agreement that is posted in the future, do not use (or continue to use) HR Company Store or the services contained within. CREATING AN ACCOUNT In order to access some of the features of this site, or some of the services contained within the website, you will have to create a profile page for your organization. By creating a profile page you confirm to HR Company Store that all the information you entered and submit when you create your account is accurate, current and complete, and you have the authority to submit. You confirm you will also keep your account information current as long as you maintain a profile page. If HR Company Store has reason to believe your account is not real, inaccurate, out-of-date or incomplete, HR Company Store reserves the right, in its sole and absolute discretion, to suspend, terminate or delete the account at any time and without notice. HR Company Store also reserves the right to require that you verify your identity and employment with the organization you represent. You are solely responsible for the activity that occurs on your account, whether it was authorized by you or not. For your protection, you must keep your account information, including your login ID and password secure. You must notify HR Company Store immediately if you suspect that your account has been breached or you suspect that there was unauthorized use of your account. HR Company Store will not be responsible for any loss you incur due to any unauthorized use of your account. You however, may be liable for any loss HR Company Store or others incur because of your account, whether or not caused by you, or by an authorized or unauthorized person using your account information. If you reside in the United States, your Agreement is with HR Company Store. If you reside outside of the United States, HR Company Store does not have an international entity and therefore you are not authorized to use the HR Company Store website. RULES OF CONDUCT By accessing or using HR Company Store you agree and acknowledge that: • Your submissions are entirely voluntary. • You are at least 18 years of age. • You have the authority to create a profile page for your employer/organization. • The use of content and/or services on HR Company Store are at your own risk. • Your use of HR Company Store does not establish a confidential relationship or obligate HR Company Store to treat your content as confidential or secret. • Your use of HR Company Store, including any content you submit, will comply with this Agreement and all applicable with all federal, state and local laws, rules and regulations. • You will not collect or harvest (or permit anyone else to use your account to collect or harvest) any content contained within HR Company Store. • You will not imply that you are affiliated in any way with HR Company Store. • You will use your real demographic information on your profile (company name, employee size, annual revenue). • You will only use collateral that you have produced or have the copyright authority • You will use HR Company Store in a professional manner. • As an HR Professional, you are not posting content related to a Vendor Partner that you were employed by or currently are employee with. • As a Vendor Partner, you will only use collateral that you have produced or have the copyright authority. • You will act honestly and professionally, including posting appropriate and accurate content. • You will not use this site or the services in any manner (at the sole and absolute discretion of HR Company Store) that: • Is illegal or promotes or encourages illegal activity • Encourages, promotes or engages in any illegal or inappropriate internet activity, such as, but not limited to hacking, cracking, spamming or other unsolicited bulk email • Encourages, promotes or engages in terrorism, violence in any kind (people, animals, or property) • Violates the Ryan Height Online Pharmacy Consumer Protection Act 2008 • Infringes on the intellectual property rights by another user, vendor partner, person or entity. • Contains or installs any harmful code (bugs, viruses, Trojan horses, worms, etc.) • Contains false or deceptive language regarding HR Company Store or any Vendor Partner (whether or not they pay for the service to be on HR Company Store or have a free-account) • You will not copy or distribute any part of HR Company Store without the express written consent of HR Company Store. • You will not disclose information that you do not have the right to disclose (such as confidential information of others). • You confirm that you will receive no compensation or royalties from HR Company Store or any other third-party regarding your content. • You grant HR Company Store a non-exclusive license to your content. • You will not access HR Company Store through any means except the website or mobile application. • As an HR Professional, you confirm that you have or had a vendor/company relationship with any Vendor Partner you post content about. • You agree to provide government issued photo identification and/or government/business issued business identification for verification of identity when requested. • You are aware that HR Company Store may occasionally call or email you about your account, and during these methods of contact you do not have any reasonable expectation of privacy. You also consent to allow HR Company Store to record any calls and keep electronic communications and you acknowledge that this information/collateral may be submitted as evidence in any legal proceeding in which HR Company Store is party. HR Company Store reserves the right to modify, change or discontinue any aspect of this site or services that are offered, including price, at any time without advanced notice or your consent. POSTED CONTENT With the exception of HR Professionals and Vendor Partner content, HR Company Store content, which includes all aspects of the site created by or posted by HR Company Store are owned or licensed in perpetuity, and are subject to all trademark, copyright and patent protection around the world. Content is provided to you “as isâ€. You may not recreate or distribute any content without the express written consent of HR Company Store. HR Company Store reserves all rights not expressly granted related to all content on the HR Company Store site, we do not transfer ownership of any of these rights. Some features allow you to post, publish, share, store, or manage owned content. All content is submitted through HR Company Store account. By posting or publishing you represent that you have all the necessary rights to distribute the content on this site, your content does not violate the rights of any third party, and you have the authority within your organization to post content on behalf of the organization. As a Vendor Partner, if you do not have the right to post content on behalf of your organization, your Vendor Partner profile on HR Company Store will be re-set to a free account, and no refund will be provided. As an HR Professional, if you do not have the right to post content on behalf of your organization, your content will remain on HR Company Store as long as it does not violate any of our other policies and procedures, however, your account will be terminated immediately. As a Vendor Partner or HR Professional, you also recognize that you cannot bring legal action against HR Company Store related to any content you posted that you were not authorized to post on behalf of your organization. HR Company Store reserves the right to suggest modifications and/or determine at its sole discretion that content is inappropriate to post on Vendor Partner page. This does not waive immunity for HR Company Store under Section 230 of the Communications Decency Act 47 U.S.C. You agree not to disable or otherwise interfere with the security-related features of HR Company Store. AVAILABILITY OF HR COMPANY STORE HR Company Store will use commercially reasonable efforts to attempt to provide this site and services 24 hours a day, seven days a week. You acknowledge and agree that occasionally HR Company Store may be inaccessible or inoperable for any reason, HR Company Store will not be liable for any loss that you or any other party incurred or feel you may have incurred due to the sites being inaccessible or inoperable. HR Company Store is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by law. VENDOR PARTNER WEBSITES (THIRD-PARTY WEBSITES) HR Company Store contains links to Vendor Partner websites (third-party websites) that are not owned, operated by or controlled by HR Company Store. HR Company Store assumes no responsibility for the content, terms and conditions, privacy policies or practices of Vendor Partner websites. HR Company Store does not censor or edit content found on Vendor Partner websites. By using this site and its services you expressly release HR Company Store of any and all liability associated with your use of a Vendor Partner website. VENDOR PARTNER REFERRALS AND REPORTING Through HR Company Store, and as an HR Professional, you will have the opportunity to have a Vendor Partner contact you directly regarding its products or services. Once you have elected this option, your profile information, including but not limited to, your name, your organizations name, phone number and email address will be shared with the Vendor Partner. HR Company Store is not liable for any contractual agreements or disagreements associated with any Vendor Partner. As a user of HR Company Store, certain demographic information will be shared with any Vendor Partner (your industry, company size and product type interest). Unless you specifically request that your information be shared with a specific Vendor Partner, only aggregate information will be shared regarding your use of HR Company Store. LIMITATION OF LIABILITY In no event HR Company Store’s Officers, Directors, Employees, and all third-party service providers be liable to you, your organization, or any other person or entity for any direct, indirect, incidental, special, punitive, consequential damages, loss of data, opportunities, reputation, profits, or revenues whatsoever, including that can result from anything related to HR Company Store including: • Content that is posted by anyone who has an HR Professional profile page • Personal injury or property damage • Third-party conduct • iruses, worms, bugs, adware, spam, Trojan horses, etc. • Services found at this site • Content that is in appropriate as listed in the Rules of Conduct listed above In addition, you acknowledge and agree that any cause of action must begin within one year after the cause of action occurs, otherwise such cause of action cannot be brought to HR Company Store. In addition you specifically acknowledge that in no event that HR Company Store’s aggregate liability is limited to a total of the lesser of the amount paid for the service or $1.00, for each particular service that is subject of the cause of action. If a court with authority over this Agreement finds any part of this Agreement not enforceable, you and HR Company Store agree that it is acceptable for the court to modify the terms to make that part enforceable while still achieving its intent. If the court cannot modify the terms of the Agreement, you and HR Company Store agree to ask the court to remove that unenforcable part and still enforce the rest of the Agreement. There are no third party beneficiaries to this Agreement. You agree that any action relating to or arising out of this Agreement shall be brought in the state or federal courts of Maricopa County, Arizona, and you hereby consent to binding mediation. COPYRIGHT INFRINGEMENT HR Company Store procedures for receiving written notification of claimed infringement are listed below. If you believe in good faith that your copyright has been infringed, pursuant to the Digital Millennium Copyright Act (17 U.S.C. 512). Please send a written letter or email containing the following information to Legal@HRCompanyStore.com • A description of the copyrighted work that you claim has been infringed • A screenshot of or description of the location on our website of the material that you claim has been infringed. • Your telephone number and email • A statement by you, or the person authorized to act on behalf of the owner of the copyright, that you have good faith belief that the copyrighted material in question is not authorized by the copyright owner, its agent or the law. Any claims made will be investigated thoroughly. If it is deemed that you, or your organization made these claims not in good faith, you will be held responsible for any legal fees that have been incurred as a result of the investigation. If you feel that a notice of copyright infringement has been improperly submitted against you, you will have the opportunity to respond and submit a Counter Notice, pursuant to Section 512(g)(2) and (3) of the Digital Millennium Copyright Act. Your response, also including all the information listed above, should be sent to Legal@HRCompanyStore.com. ACCOUNT PAYMENT Listed below are the payment options that are available through HR Company Store and how they affect your organization. Regardless of the payment option that is chosen, if HR Company Store is unable to receive your payment for the full amount that is owed or HR Company Store is notified of a reversal, chargeback, payment dispute or is charged a penalty for any fee it previously charged your payment method, you agree that HR Company Store may pursue all legal avenues to obtain payment, including but not limited to the immediate cancelation of Vendor Partner profile page. In addition, HR Company Store reserves the right to charge reasonable administrative or processing fees for time performed outside of normal scope of services for example, the cost for outside firms such as collection agencies or outside counsel. Any additional fees will be billed directly to the payment method that HR Company Store has on file. Pay by Credit Card If you choose to pay for your Vendor Partner profile with a credit card, you agree to allow HR Company Store to store you credit card information. HR Company Store will automatically renew Vendor Partner profiles at the end of the renewal period. A renewal fee may be different than what the original price paid was. At the end of the renewal term, monthly plans will renew for an additional month, annual or multiple-year plans for an additional year. Your credit card on file will be billed on the last day of your renewal. If the payment fails, additional attempts will be made. After three failed attempts, the Vendor Partner profile will be canceled and the profile page will be returned to free-account status. If your organization does not want to auto-renew, you must email VendorService@HRCompanyStore.com within 30 days of the renewal. Pay by Check If you choose to pay for your Vendor Partner profile with a check, it is your responsibility to keep your checking account funded. You agree that if the bank draft is returned unpaid, you will pay a service charge in accordance with the fees provided below, or otherwise permitted by law. The checking account must be at a financial institution from the United States and must be payable in US dollars. All fees are in US dollars. Your Vendor Partner profile paid subscription will not be active until the check has been processed. Fee Schedule AK – Alaska $25 AL – Alabama $30 AR – Arkansas $25 AZ – Arizona $25 CA – California $25 CO – Colorado $20 CT – Connecticut $20 DC – District of Columbia $15 DE – Delaware $40 FL – Florida For face value of check $.01 - $50, $25; For face value of check $25.01 - $300, $30; For face value of check $300.01 or more, greater of $40 or 5% of face value of check GA – Georgia Greater of $30 or 5% of face value of check HI – Hawaii $30 IA – Iowa $30 ID – Idaho Lesser of $20 or face value of check IL – Illinois $25 IN – Indiana $20 KS – Kansas $30 KY – Kentucky $25 LA – Louisiana Greater of $25 or 5% of face value of check MA – Massachusetts $25 MD – Maryland $35 ME – Maine $25 MI – Michigan $25 MN – Minnesota $30 MO – Missouri $25 MS – Mississippi $40 MT – Montana $30 NC – North Carolina $25 ND – North Dakota $30 NE – Nebraska $25 NH – New Hampshire $25 NJ – New Jersey $25 NM – New Mexico $20 NV – Nevada $25 NY – New York $20 OH – Ohio Greater of $30 or 10% of face value of check OK – Oklahoma $25 OR – Oregon $25 PA – Pennsylvania $25 RI – Rhode Island $25 SC – South Carolina $30 SD – South Dakota $40 TN – Tennessee $30 TX – Texas $30 UT – Utah $20 VA- Virgina $50 VT – Vermont $25 WA – Washington $25 WI – Wisconsin $25 WV – West Virgina $25 WY – Wyoming $30 EMAILS Upon registering with HR Company Store, you agree, unless you choose to actively unsubscribe, to receive promotional emails from HR Company Store and any of its registered email addresses, including emails through email marketing campaign tools. TERMINATION/NON-RENEWAL Your organization may terminate the Vendor Partner profile page at any time prospectively by emailing VendorService@HRCompanyStore.com. If necessary, a pro-rated credit will be issued within 60 days of the termination notice. Your account may also choose to non-renew the account on the renewal date. If you elect a monthly Vendor Partner profile plan, you will have 48 hours from the effective date of the plan to request a full refund of the purchase price. Single month plans are not eligible for refunds after the first 48 hours. Once a Vendor Partner profile page is terminated, the account is returned to free-account status, no HR Professional advice comments are deleted. Even after a termination or non-renewal. HR Company Store continues to have the right to use, copy, re-share or disclose any information that was contained in the profile page as prior to the termination or non-renewal. Any amount owed by either party prior to termination/non-renewal remain owed after the termination/non-renewal. QUESTIONS If you have any questions about this Agreement, or if you please contact HR Company Store by email or regular mail at the following address: HR Company Store Legal Department PO Box 86940 Phoenix, AZ 85080 Email – Legal@HRCompanyStore.com
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