PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY PURCHASING ACCESS TO THE OURVIRTUALHR SERVICES AND CONTENT, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT PURCHASE THE OURVIRTUALHR SERVICE(S) AND CONTENT.
To the fullest extent permitted by applicable law, the Company reserves the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Services, at any time and in its sole discretion by providing notice to you that the Terms have been modified. Such notice may be provided by sending an email, by posting a notice to the Services Dashboard, by posting the revised Terms to the Services and revising the date at the top of these Terms, or by such other form of notice as determined by the Company. Your continued use of the Services following the posting of the revised Terms or other notice of such changes will constitute your acceptance of such changes or modifications. Therefore, you should review these Terms whenever you access the Services to make sure that you understand the terms and conditions that will apply to your use of the Services.
Account Registration and Maintenance: You may need to register for an account to use some or all of the Services. In consideration of your use of the Services, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Services (“Registration Data”); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to the Company, to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to the Company.
Nature of the Services: The purpose of the Services is to provide general human resources-related information. Nothing that appears on the Services, including, without limitation, any responses to questions posted in the forum, information provided in handbooks or guides, and any other comments, opinions, recommendations, answers, analysis, references, referrals, content, or information, should be relied upon or construed as legal advice. The information provided through the Services is intended for general informational purposes only and should be used only as a starting point. It is not a substitute for consultation with an attorney licensed to practice in your jurisdiction about your specific legal issue. The Company does not engage in the practice of law, and your purchase or use of the Services under no circumstances creates an attorney-client relationship. You understand that questions and answers or other postings to the Services are not subject to attorney-client privilege.
No Protected Health Information or Individually Identifiable Health Information: The Services are not designed or intended to take in or process “Protected Health Information” or “Individually Identifiable Health Information” as those terms are defined under the HIPAA Privacy Rule (45 C.F.R. §160.103). You agree not to submit any Protected Health Information or Individually Identifiable Health Information via the Services.
Subscription: Your subscription to OurVirtualHR is a month to month or a twelve (12) month commitment and will be billed to your credit card on file in either monthly payments or one (1) annual payment, depending on the payment terms that you selected at the time of your purchase of the subscription. Your subscription cost will be based upon the information that you provided regarding the number of employees during the registration process. If the Company determines, at any time, that your total employee headcount is greater than the number of employees for which you are currently subscribed, your subscription cost will be adjusted accordingly by the Company. Your subscription to OurVirtualHR will automatically renew, at the applicable rates in effect at that time, at the end of your month to month or your twelve (12) month commitment unless you cancel your subscription at least one (1) day prior to your month-to-month commitment or ten (10) days to twenty-five (25) days prior to the end of your twelve (12) month commitment. To use the Services, you must have Internet access and provide the Company with a current, valid credit card.
Each subscription to OurVirtualHR provides one (1) user login for the Services. This user login may be shared with other paid users at your discretion. Additional user logins can be purchased for an additional cost.
Billing: By purchasing your subscription to the Services, you authorize the Company to charge you over the month-to-month commitment or the twelve (12) month commitment period based upon the payment terms that you selected at the time of purchase. The Company reserves the right to adjust pricing for the Services or any component thereof in any manner and at any time as may be determined in its sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes for the subscription will take effect at the beginning of the next month to month or twelve (12) month term after the Company notifies you of such change. Such notice may be provided as set forth above.
Your subscription cost for the Services will be automatically billed each month or year, as applicable, on the calendar day corresponding to the commencement of your subscription. If additional users are added as of the first calendar day of each month (based upon the information that you provided regarding the number of employees during the registration process), you will be billed retroactively for the additional users during your next billing cycle (if paying month to month) or on a quarterly basis (if paying annually). The Company reserves the right to change the timing of its billing if your payment has not successfully settled due to expiration of the credit card or otherwise. Subscription costs are fully earned by the Company upon payment. All payments are non-refundable and no refunds or credits for subscriptions that are cancelled before the end of the month to month, or twelve (12) month commitment period will be made by the Company. TO AVOID AUTOMATIC RENEWAL CHARGES, YOU MUST CANCEL YOUR SUBSCRIPTION WITHIN ONE (1) DAY PRIOR TO THE MONTH-TO-MONTH COMMITMENT OR TEN (10) TO 25 DAYS PRIOR TO THE END OF YOUR TWELVE (12) MONTH COMMITMENT PERIOD.
Copyright and Limited License: Unless otherwise indicated in the Services, the Services, and all content and other materials on the Services, including, without limitation, the Company logo, and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, the “Services Materials”) are the proprietary property of the Company and/or its licensors and are protected by U.S. and international copyright laws.
During the applicable term of your subscription, you are granted a limited, non-sublicensable license to access and use the Services and electronically copy (except where prohibited without a license) and print to hard copy portions of the Services Materials for your informational, non-commercial, and personal use only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Services or the Services Materials therein, including any right to use the Services for purposes of improving competing human resource products or services; (b) the distribution, public performance or public display of any Services Materials; (c) modifying or otherwise making any derivative uses of the Services and the Services Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Services, the Services Materials or any information contained therein, except as expressly permitted on the Services; or (f) any use of the Services or the Services Materials other than for its intended purpose. Any use of the Services or the Services Materials other than as specifically authorized herein, without the prior written permission of the Company, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.
Trademarks: myHR Partner, OurVirtualHR, Company logos, and any other Company product or service name or slogan contained in the Services are proprietary materials of the Company and/or its licensors, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of the Company or the applicable trademark holder. You may not use any metatags or any other “hidden text” utilizing OurVirtualHR, or any other name, trademark or product or service name of the Company without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of the Company and may not be copied, imitated, or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by the Company.
Third-Party Content: The Company may provide third party content on the Services or links to Web pages and content of third parties (collectively, the “Third-Party Content”) as a service to those interested in this information. The Company does not control, endorse, or adopt any Third-Party Content and make no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that the Company is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk.
The Company makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party Web sites accessible by hyperlink from the Services, or Web sites linking to the Services. Such sites are not under the control of the Company and the Company is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes, or updates to such sites. The Company provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by the Company of any site, or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
Prohibited Conduct: By accessing the Services and/or the Services Material, you agree to be bound by all applicable laws and regulations and acknowledge that you are solely responsible for compliance with any applicable laws. You will not commit a tort or violate any applicable law, contract, intellectual property, or other third-party right while accessing or using the Services. For example, you will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use or attempt to use another user’s account without authorization from that user and Company;
- Use our Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services or that could damage, disable, overburden or impair the functioning of our Services in any manner;
- Reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access;
- Develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services;
- Bypass or ignore instructions contained in our robots.txt file, that controls automated access to portions of our Services; or
- Use our Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms.
Termination: Notwithstanding any of these Terms, the Company reserves the right, without compensation or notice and in its sole discretion, to terminate your license to use the Services, and to block or prevent your future access to and use of the Services, if you are, or the Company suspects that you are in violation of any of these Terms or engaged in illegal or improper use of the Services. The Company also reserves the right, without compensation or notice and in its sole discretion, to terminate your license to use the Services and to block or prevent your future access to and use of the Services if you fail to timely pay any applicable subscription cost on or before its due date.
Disclaimer: EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY THE COMPANY, THE SERVICES, THE SERVICES MATERIALS CONTAINED THEREIN, AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE COMPANY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SERVICES, INCLUDING THE INFORMATION, CONTENT, AND MATERIALS CONTAINED THEREIN.
THE USE OF THE SERVICES AND THE SERVICES MATERIALS IS AT YOUR SOLE RISK. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. WHILE THE COMPANY ATTEMPTS TO ENSURE THAT THE INFORMATION PROVIDED IS ACCURATE AND TO MAKE YOUR ACCESS AND USE OF THE SERVICES SAFE, THE COMPANY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR THEIR SERVER(S) ARE ACCURATE, COMPLETE, RELIABLE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.
THE COMPANY DOES NOT MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES AND/OR THE SERVICES MATERIALS. ANY AND ALL WRITTEN AND ORAL INFORMATION AND OTHER SERVICES PROVIDED BY THE COMPANY AND ALL REPRESENTATIVES, ASSOCIATES, AGENTS, AND EMPLOYEES THEREOF, ARE PROVIDED WITH THE EXPRESS UNDERSTANDING THAT NEITHER THE COMPANY NOR ANY OF ITS REPRESENTATIVES, ASSOCIATES, AGENTS, OR EMPLOYEES ARE ATTORNEYS, NOR ARE THEY ENGAGED IN RENDERING LEGAL SERVICES OR PROVIDING LEGAL ADVICE, TAX ADVICE, OR FINANCIAL ADVICE TO CLIENTS. THE COMPANY DISCLAIMS ANY LIABILITY FOR DAMAGE, LOSS, EXPENSE, RISK, OR VIOLATION OF LAW OR GOVERNMENTAL REGULATIONS INCURRED AS A CONSEQUENCE, DIRECTLY OR INDIRECTLY, OF YOUR ACTUAL OR CLAIMED USE, APPLICATION, OR RELIANCE UPON ANY OF THE INFORMATION, ADVICE, OR OTHER SERVICES MATERIALS PROVIDED BY THE COMPANY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS DIRECTORS, MEMBERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, THE CONTENT, OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM THE COMPANY, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANY’S RECORDS, PROGRAMS, OR SERVICES.
The Company reserves the right to change any and all content contained in the Services and to modify, suspend or discontinue the Services or any features or functionality of the Services at any time without notice and without obligation or liability to you. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by the Company.
Indemnification: You agree to defend, indemnify, hold harmless, and release the Company, its directors, employees, agents, independent contractors, service providers, and consultants, and their respective directors, employees, and agents (collectively, the “Released Parties”), from and against any claim, action, cause of action, loss, damage, judgment, liability, obligation, cost, or expense, including without limitation reasonable attorney’s fees and other court costs (collectively, a “Claim”) asserted against any of the Released Parties arising directly or indirectly from or in connection with the provision of the Services, your conduct, your violations of these Terms, or your violation of the rights of any third-party.
Choice of Law and Venue: The laws of the Commonwealth of Pennsylvania shall exclusively govern these Terms and your use of the Services, without regard to the principles of conflicts of laws therein. In the event that a dispute arises under this Agreement and legal action is instituted, the Parties agree that the Court of Common Pleas for Lehigh County, Pennsylvania, or the United States District Court for the Eastern District of Pennsylvania shall have exclusive jurisdiction and venue.
Miscellaneous: No other agreements, representations, promises, discussions, courses of doing business, warranties, or other matters, oral or written, purportedly agreed to, or represented by or on behalf of the Company or contained in any promotional materials or brochures, shall be deemed to bind the Company with respect to the subject matter hereof. You acknowledge that you are agreeing to these Terms solely on the basis of the representations contained herein. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.