Terms of Service

Terms and Conditions of Service and User Agreement

The following statement (the “Terms of Use”) and User Agreement describes the terms on which HRgear.com and T.P. Press (referred to throughout this document as “we,” TP Press, HRgear.com or HR Gear.com) offer you (referred to throughout this document as “users” or “you”) access to our site (the “Site”) and services.

This Site is owned and operated by T.P. Press, owners and publishers of HRgear.com. HR Gear and HRgear.com are Service Marks of TP Press. Any references to HRgear.com, HR Gear and/or HR Gear.com shall be deemed to include T.P. Press, Pension Press, their heirs, successors and assigns. By accessing and using the Site you indicate your acknowledgment and agreement to be bound by these Terms and Conditions of Service (“Terms”), as such terms may be modified from time to time. These Terms govern your use of the Site and all services provided in connection with HRgear.com, including but not limited to any services provided by our partners, affiliates and advertisers. User access to and use of this Site is subject to all applicable federal, state and local laws and regulations. Any unauthorized use, or commercial use of the Site or its contents or unauthorized resale of its content or services, without the express written permission of HRgear.com, is expressly prohibited. If you do not agree to these Terms, please do not subscribe to, enter or use the Site.

From time to time HRgear.com may supplement these Terms with additional terms. You understand and agree that such additional terms are hereby incorporated by reference into these Terms. Please check back each time before using the Site, to determine whether a change has been made. If you do not agree to such changes, please terminate your use of the site. Your continued use of the site will signify your acceptance of any change in the terms and conditions set forth herein.

Any dealings User has with advertisers, partners, affiliates, or other third parties, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. HR Gear.com shall not be responsible or liable for any part of any such dealings. HR Gear.com offers and includes third party services that it makes available to its Users and others. User acknowledges that HR Gear.com may provide certain user information to third parties, including its partners, affiliates and advertisers. HR Gear.com does not act as an agent or broker on behalf of its Users or third parties that offer services through our Site. HR Gear.com makes no representations on behalf of third parties, nor is HR Gear.com responsible for the content, statements, actions, or omissions of such third parties. Inclusion of a third party service on the Site is not an endorsement of that service. HR Gear.com encourages Users to review the Terms of Service and other agreements of such third parties.

User understands and agrees that some services available on the Site may be provided to User by or through third parties that provide such services, and that HR Gear.com may, without notice to User, at any time change such third party service provider(s). User agrees in the event of any such change to allow HR Gear.com and/or any such provider(s) to transfer User’s personal account information to HR Gear.com and/or any such provider(s). In order to provide User with such services, User’s personal information may be collected if User registers for such features of the service. Personal Information may include, but is not limited to, User’s name, email address, address, billing and other information as may be requested from time to time. In addition, for services for which User must register, User’s online Account Login Information will be collected. Account Login Information is defined as User’s User ID, Password and/or Personal Information Numbers (PINs) that are specific to User’s accounts. User agrees that User’s provision of such Account Login Information is User’s signature and authorization for TP Press (acting by for or through its affiliated service providers) to allow HR Gear.com and its service providers to access such information, as necessary to provide the service.

HR Gear.com may provide, or third parties may provide, links to other Web sites or resources. Because HR Gear.com has no control over such sites and resources, you acknowledge and agree that HR Gear.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that HR Gear.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

HR Gear.com may provide links to other Internet sites, which may contain privacy and/or other provisions that differ from the provisions provided herein. HR Gear.com is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions. HR Gear.com is not responsible for the content available on any other Internet sites linked to or from this Site. Access to and/or use of any other Internet sites linked to or from this Site is at the User’s own risk. Users are bound by, and are encouraged to review the Terms of Service, User Agreements and other provisions provided by, for and/or on, those sites.

HR Gear.com may terminate any services available on the Site or the entire Site with or without cause at any time and without notice. In addition, HR Gear.com, in its sole discretion, may terminate your account for violation of these Terms and Conditions of Service and/or User Agreement. Upon termination, HR Gear.com shall have no obligation to maintain any content or information in your account. In the event of such termination, HRgear’s only liability to the User will be the refund of the unused, pro rata portion of any subscription payments already made to HRgear, up to a maximum of User’s one year’s subscription payment.

WARRANTIES

ALL INFORMATION ON THE SITE IS PROVIDED TO YOU “AS IS” “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.

HR Gear.com does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made by on or through this Site by any party. Other than as required by law, under no circumstance will HR Gear.com be liable for any loss or damage caused by a User’s reliance on information obtained through the Site. It is the responsibility of the User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Site. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice, or other content.

User is solely responsible for all acts or omissions, committed by or occurring under User’s account or password, including the content of such account. User agrees not to interfere with or disrupt networks connected to or used by HR Gear.com or violate the regulations, policies or procedures of such networks; attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to or used by HR Gear.com.

The trademarks, logos and service marks displayed on this Site are the property of HR Gear.com, its partners, affiliates and others. Users are prohibited from using any such marks without the express written permission of HR Gear.com or such third party that may own the marks. All content on this Site is protected by copyright, except that no copyright is claimed on materials obtained from U.S. government sources. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any content on this Site for commercial or public purposes.

User Information

“Your Information” is defined as any information you provide to HR Gear.com or other users in the registration, in any public message area, through any upload feature, or through any e-mail feature. You are solely responsible for Your Information. You agree that: (a) Your Information shall not be false, inaccurate or misleading; (b) Your Information shall not violate the rights of any third party, including without limitation privacy and proprietary rights; (c) Your Information shall not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) Your Information shall not be fraudulent or involve counterfeit or stolen items; (e) Your Information shall not violate any law, statute, ordinance or regulation (including without limitation those governing consumer protection, unfair competition, antidiscrimination, or false advertising); (f) Your Information shall not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (g) Your Information shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, data or personal information; and (h) Your Information shall not create liability for HR Gear.com or cause us to lose (in whole or in part) the ability to provide our services.

Postings and email

Postings by a User on any message board or in any forum or chat room or emails sent to, from or through HR Gear.com will not be protected as confidential. HR Gear.com may use and provide information contained in any such postings, to any of its subsidiaries and affiliates for any purpose whatsoever and as deemed appropriate by HR Gear.com. HR Gear.com is under no obligation to review any messages, information or content posted on this Site by Users and assumes no responsibility or liability relating to any such postings. Notwithstanding the above, HR Gear.com may monitor the postings on this Site and may edit, approve, reject, decline to accept and/or remove any postings or comments submitted.

You further agree not to use HR Gear.com to send or post on message boards or any place on our Site, any message, email or material that is unlawful, harassing, libelous, defamatory, abusive, harmful, vulgar, obscene, profane, sexually oriented, threatening, racially offensive, inaccurate, or otherwise objectionable material of any kind or nature or that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation, or encourage the use of controlled substances. HR Gear.com reserves the right to delete any such material from the Site.

HR Gear.com will cooperate fully with any law enforcement officials and/or agencies in the investigation of any person or persons who violate this User Agreement and/or the Terms and Conditions of Service. You agree not to post or use HR Gear.com to distribute or send any illegal material of any kind, including but not limited to, illegal material in the form of text, graphics, video, programs or audio. Posting content or participating in any form of discussion with the intention to commit any illegal activity is strictly prohibited. You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of HR Gear.com, its partners or affiliates. You further agree not to use an inappropriate member name, password, User ID or name of any kind.

Limitation of Liability

HRGEAR.COM SPECIFICALLY DISCLAIMS ANY LIABILITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THIS SITE. ALL INFORMATION AND SERVICES ON THIS SITE ARE PROVIDED TO YOU WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.

HR Gear.com provides proprietary information and services, as well as information, services and links to and from third parties. HR Gear.com does not control any such content, information, products or services offered by these third parties. The materials available through HR Gear.com and any third party are provided without warranties or conditions of any kind either express or implied.

HR Gear.com does not represent or warrant that your access to or use of HR Gear.com will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server(s) that makes it available, are free of viruses or other harmful components. Under no circumstances, shall HR Gear.com be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use HR Gear.com.

HR Gear.com does not warrant or represent that the use or the results of the use of the materials or services available through HR Gear.com or from third parties will be correct, accurate, timely, or reliable. This Site, and those of our partners and affiliates, are presented with the understanding that the provider is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional should be sought.

User specifically agrees that HR Gear.com is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. If you are dissatisfied with HR Gear.com, the materials available on or through HR Gear.com, or with any of HR Gear.com terms and conditions, your sole and exclusive remedy is to discontinue using the Site.

Copyright

User acknowledges that content, including but not limited to text, software, graphics or other material contained on this Site or in partner, affiliate or sponsor services, advertisements, links or email, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws.

Except where noted otherwise, all Site contents are Copyright © 2015 T.P. Press. All rights reserved. Copyright is not claimed on any materials obtained from U.S. government sources. No part of the materials on this Site, including but not limited to the text, graphics and code, may be reproduced or transmitted in any form by any means without prior written permission from HR Gear.com.

The User acknowledges and agrees that all proprietary rights in the forms and materials presented on this Site are and shall remain the property of HR Gear.com. User acknowledges that the forms, checklists, policies and other materials (“materials”) presented on this Site were compiled, prepared, selected, and arranged through the expenditure of substantial time, effort and money, and that they constitute valuable property. HR Gear.com grants User a limited, nonexclusive right to use these materials for User’s own internal use. All materials supplied herein are proprietary and may not be downloaded and/or reproduced for resale or, directly or indirectly, provided to another party without the prior written consent of the copyright holder.

Legal Disclaimer

Many of the forms and materials presented on this Site are accompanied by explanatory commentary designed to acquaint the User with the legal and practical issues pertaining to the subject area of such forms and materials, especially as such issues relate to the forms. Users are cautioned, however, that any and all of the forms and commentary presented herein are for general reference only. Federal, state or local laws or individual circumstances may require amendment of the forms to meet specific situations. Some government forms may be presented in altered size, font or format and may not, therefore, meet federal or state filing requirements. All of the forms, checklists and commentary are intended to be used only as guides and should not be used, adopted, adapted or modified without the advice of competent legal counsel.

Although we make every effort to explain the relevant law, we cannot give you legal advice on how the law applies to your facts. This Site is designed to provide accurate and authoritative information with regard to the subject matter covered. The Site is presented, however, with the understanding that we are not engaged in rendering legal, accounting, or other professional services. If legal advice or other expert assistance is required, the services of a competent professional should be sought.

HR Gear.com does not endorse and is not responsible for the accuracy or reliability of any business, establishment, enterprise, professional, opinion, advice or statement made on or through this Site by any party. Other than as required by law, under no circumstance will HR Gear.com be liable for any loss or damage caused by a User’s use of or reliance upon information obtained on or through this Site. It is the responsibility of the User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content, product or service available on or through this Site.

While every effort has been made to offer current, complete and accurate information, errors can occur. Furthermore, this Site may contain reference to certain laws and regulations. Laws and regulations will change over time and should be interpreted only in light of particular circumstances. This information is provided “as is,” with no guarantees of completeness, accuracy or timeliness, and without warranties of any kind, express or implied.

THE SITE AND THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE” AND WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING, WITHOUT LIMITATION, ANY WARRANTY WITH RESPECT TO THE QUALITY, PERFORMANCE OR FUNCTIONALITY OF SITE AND THE SERVICES OR WITH RESPECT TO THE QUALITY OR ACCURACY OF ANY INFORMATION OBTAINED FROM OR AVAILABLE THROUGH USE OF THE SITE OR SERVICES OR THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. FURTHERMORE, HR GEAR.COM MAKES NO WARRANTY THAT ANY DEFECTS, WHETHER KNOWN OR UNKNOWN, WILL BE CORRECTED, OR THAT THE SITE OR SERVICES WILL BE VIRUS-FREE. HR Gear.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES SO THESE LIMITATIONS MAY NOT APPLY TO YOU. IN THOSE STATES, HR Gear.com’ LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. UNDER NO CIRCUMSTANCES WILL HR Gear.com BE LIABLE UNDER ANY SECTION OF THESE TERMS OF USE OR UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION OF ANY KIND OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY) WHETHER OR NOT HR Gear.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES. HR Gear.com SHALL NOT BE LIABLE FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY AND IN NO EVENT SHALL HR Gear.com’ LIABILITY TO YOU EXCEED ONE HUNDRED DOLLARS ($100.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THESE TERMS OF USE MAY BE BROUGHT BY YOU OR HR Gear.com MORE THAN ONE (1) YEAR AFTER THE EVENT UNDERLYING THE CAUSE OF ACTION HAS OCCURRED. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THESE TERMS OF USE AND YOUR USE OF THE SITE AND SERVICES. IN JURISDICTIONS THAT RESTRICT LIMITATION OF LIABILITY PROVISIONS, HR Gear.com’ LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. THIS LIMITATION WILL APPLY REGARDLESS OF THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

USER SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS HR Gear.com AND ITS UNDERLYING SERVICE PROVIDERS, PARTNERS, AFFILIATES, LICENSORS, OFFICERS, DIRECTORS, EMPLOYEES, DISTRIBUTORS OR AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, CAUSES OF ACTION, SUITS, PROCEEDINGS, LOSSES, DAMAGES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS FEES, ARISING FROM OR RELATING TO USER’S ACCESS AND/OR USE OF OR INTERACTION WITH THIS SITE AND/OR ANY OF THE SERVICES OR ANY MATERIALS (INCLUDING WITHOUT LIMITATION THE FORMS), YOUR BREACH OF THIS AGREEMENT OR ANY ACT, ERROR, OR OMISSION OF USER OR ANY USE OF USER’S ACCOUNT IN CONNECTION THEREWITH, INCLUDING, BUT NOT LIMITED TO, MATTERS RELATING TO INCORRECT, INCOMPLETE, OR MISLEADING INFORMATION; LIBEL; INVASION OF PRIVACY; INFRINGEMENT OF A COPYRIGHT, TRADE NAME, TRADEMARK, SERVICE MARK, OR OTHER INTELLECTUAL PROPERTY; ANY DEFECTIVE PRODUCT OR ANY INJURY OR DAMAGE TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED THROUGH OR IN CONNECTION WITH THE SITE; OR VIOLATION OF ANY APPLICABLE LAW.

HR Gear.com’ failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

This Agreement shall be governed by and construed in accordance with the laws of the state of New York and the United States of America, excluding their conflict of law provisions. You agree to submit to the exclusive personal jurisdiction and venue of the courts located in New York in the state of New York, and waive all objections to such jurisdiction and venue. If any provision of these Terms of Use and/or this User Agreement as such may exist or may hereafter be amended, is found to be invalid, illegal or unenforceable for whatever reason, such provision shall be fully severable and the other remaining provisions shall remain in full force and effect, and shall be construed as if the illegal, invalid or unenforceable provision never comprised a part thereof. Furthermore, in lieu of such invalid, illegal or unenforceable provision there shall be added automatically in its place a provision as similar in its terms and intent to the illegal, invalid or unenforceable provision as may be possible and be legal, valid or enforceable.

Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend, or terminate your membership and refuse to provide our services to you, if: (a) you breach these Terms of Use or User Agreement; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our users, or us.

The terms of this document may be updated by the Site owner or operator from time to time, as necessary. Your continued use of the site signifies your agreement to these Terms of Use and this User Agreement.

 

 

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