Website Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. USE OF THE SITE OR THE DOWNLOADING OF MATERIALS FROM THIS SITE CONSTITUTES AGREEMENT TO THESE TERMS OF USE. By accessing, browsing and/or using this website, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations, including export and re-export control laws and regulations. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SITE.
1. Application of Terms.
These website terms of use apply to the following websites maintained and owned by Administaff: HR Tools.com; PersonnelPolicy.com; JobDescriptions.com; PerformanceReview.com; and UltimateEmployer.com (collectively, the “Website” or the “Site”). The most current version of the Website Terms of Use can be reviewed at : http://www.hrtools.com/terms_and_conditions.aspx. Information may be changed or updated without notice. Administaff also may make improvements and/or changes in the products and/or programs described in this information at any time without notice.
2. Intended Audience.
This Website is operated and/or controlled by Administaff Business Services, L.P. (“Administaff”) and all of the information, communications, scripting, photos, images, text, video, graphics, music, sounds, user interfaces, visual interfaces, and other materials and services found on the Site (collectively, the “Content”) is intended for the lawful use of Administaff’s customers, employees and members of the general public who are citizens of the United States of America and are over the age of 14. This Website is not a children’s website and Administaff does not solicit data from children or market to children. The Site is controlled and operated in whole or in part by Administaff from its offices within the United States. Administaff makes no representations that the Site or the Content are appropriate or available for use in other locations. Those accessing the Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. By accessing this Site, you acknowledge that Administaff reserves the right in its sole discretion to refuse or terminate access to the Site at any time.
3. Privacy.
You agree to read and periodically review Administaff’s Notice of Privacy Policy posted at http://www.hrtools.com/privacy_policy.aspx. You agree to the terms of the Privacy Policy as posted by Administaff.
4. Intellectual Property Rights.
Administaff, its suppliers or its licensors own all copyrights to the Content on the Site and all other intellectual property rights related to the Site. All trademarks, service marks, and trade names (collectively, the “Marks”) are proprietary to Administaff or its suppliers or licensors. You acknowledge that you have been advised by Administaff that the Content, Marks and all other proprietary material accessible through this Site is protected in the U.S. and internationally by a variety of laws and regulations. THE UNAUTHORIZED USE, COPYING, OR DISPLAY OF ANY CONTENT FROM THIS SITE IS NOT PERMITTED.
5. External Sites.
This Site may contain links to other web sites which are owned or operated by third parties or by the U.S. Government (“External Sites”). Administaff makes no representations whatsoever about any other website that you may access through this Site. Administaff is not responsible for the policies and content at linked sites and Administaff does not control the privacy policies for linked sites nor does Administaff control how user information will be utilized at linked sites. Since Administaff has no control over such sites and resources, you acknowledge and agree that Administaff is not responsible for the availability of such External Sites or resources and is not responsible or liable for any content, advertising, products, services or other material on or available from such External Sites or resources. Links to External Sites are provided solely as a convenience to Authorized Users of our Site. It is your responsibility to take precautions to ensure that whatever site you select for your use is free of such items as viruses, worms, trojan horses, or other items of a destructive or disruptive nature. It also is your responsibility to read the terms of use and the privacy policies that may appear on such sites and to determine for yourself whether you are willing to assent to such terms or policies. References on this Site to any names, marks, products or services of any third parties to hypertext links to third party websites are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. Administaff makes no representation or warranty as to any third party Content, products or service, and you agree that Administaff will not be responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to be caused by or in connection with use of or reliance on any such third party Content, products or services available through or on any External Site or third party resource, or for any use of any personal information that you may choose to convey as you use an External Site.
6. Disclaimer of Warranties.
THE WEBSITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THE WEBSITE IS AT USER'S SOLE RISK. ADMINISTAFF DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES ADMINISTAFF MAKE ANY WARRANTY AS TO THE QUALITY OR LACK OF DEFECT OF ANY RESOURCE, FORM, PRODUCT OR SERVICE OBTAINED BY USER VIA THE WEBSITE. ADMINISTAFF MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT IN RELATION TO THE WEBSITE. ADMINISTAFF MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OF THIRD PARTY WEB SITES, IF ANY, INCLUDING GOVERNMENT SITES, TO WHICH USER GAINS ACCESS VIA THE WEBSITE.
7. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL ADMINISTAFF BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THE WEBSITE OR THE INTERNET GENERALLY, INCLUDING USER'S USE OF OR INABILITY TO USE THE WEBSITE, ANY CHANGES TO OR INACCESSIBILITY OF THE WEBSITE, ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IN NO EVENT SHALL ADMINISTAFF'S TOTAL LIABILITY FOR DIRECT DAMAGES EXCEED $500. IF USER IS DISSATISFIED WITH THE WEBSITE, USER'S SOLE AND EXCLUSIVE REMEDY SHALL BE TO CEASE USE OF THE WEBSITE.
8. U.S. Government Restricted Rights.
Any Software or other materials that you download from this Site for or on behalf of the United States of America, its agencies and/or instrumentalities (“U.S. Government”) are provided with Restricted Rights. Use, duplication, or disclosure by the U. S. Government is subject to restrictions as set for the in subparagraph (c)(i)(ii) of the Rights in Technical Data and Computer Software clause at DFARS 252.227-7013 or subparagraphs (c)(i) and (2) of the Commercial Computer Software – Restricted Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Administaff Business Services L.P., 19001 Crescent Springs Drive, Kingwood, TX 77339-3802.
9. Indemnification
You agree to indemnify, hold harmless and defend Administaff, its affiliates and subsidiaries, shareholders, directors, officers, employees and agents from and against any losses, costs, damages, liability or expenses, including costs and attorney's fees, asserted by any person, arising out of or relating to this Agreement, your use of the Site.
10. General Release
You release Administaff, its affiliates, its and their officers, directors, employees and agents from any claim, demand or damages (actual, consequential or punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to User's use of this Site.
11. Termination
Administaff reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the Site; (b) suspend your access to or use of all or any portion of the Site; (c) terminate any license granted herein; or (d) retrieve any material obtained by you from this Site.
12. Arbitration
a. General. You and Administaff agree and stipulate that all claims, disputes and other matters in question between you and Administaff arising out of or relating to this Agreement or the breach thereof will be decided by arbitration in accordance with the Federal Arbitration Act (9 U.S.C. §§ 10 and 11) and the Commercial Arbitration Rules of the American Arbitration Association subject to the limitations of this Article 10. Notice of the demand for arbitration will be filed in writing with the other party to the Agreement and with the American Arbitration Association within 90 days after the claim, dispute or other matter in question has arisen. Any such dispute or matter shall be resolved by binding and final arbitration of a single arbitrator mutually agreed to by Administaff and User conducted in Harris County, Texas. Neither party shall be entitled to any discovery unless otherwise agreed by the parties at the time of the arbitration. The parties shall exchange exhibits and witness lists 30 days before the arbitration. The arbitrator's decision shall be contained in a written award, unless otherwise agreed at the time. The prevailing party in any such arbitration shall be entitled to attorney's fees and other out of pocket costs, expenses or fees including expert witness fees and expenses reasonably and necessarily incurred in connection with such arbitration, the amounts of which shall be contained in the written award of the arbitrator. This agreement to arbitrate and any other agreement or consent to arbitrate entered into in accordance herewith as provided in this Article 10 will be specifically enforceable under the prevailing law of any federal or state court having jurisdiction in Harris County, Texas. In the event of a violation of the privacy or confidentiality of protected information by User, or infringement of intellectual property rights, copyright or patented rights, Administaff may seek equitable and/or injunctive relief from a Court of competent jurisdiction.
b. Statute of Limitations. In no event shall any demand for arbitration be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. Any question regarding the disputed statutes of limitations shall be resolved in writing by the arbitrator prior to hearing any other matter.
c. Third Parties. No arbitration arising out of, or relating to, this Agreement shall include by consolidation, joinder or in any other manner any other person or entity who is not a party to this contract unless:
- the inclusion of such other person or entity is necessary if complete relief is to be afforded among those who are already parties to the arbitration and/or such other person or entity is substantially involved in a question of law or fact which is common to those who are already parties to the arbitration and which will arise in such proceedings; and
- the written consents of the other person or entity sought to be included and you and Administaff have been obtained for such inclusion, which consent shall make specific reference to this paragraph; but no such consent shall constitute consent to arbitration of any dispute not specifically described in such consent or to arbitration with any party not specifically identified in such consent.
d. Enforceability of Award. The award rendered by the arbitrators will be binding and final, and judgment may be entered upon it in any court having jurisdiction thereof and will not be subject to modification or appeal except to the extent permitted by §§ 10 and 11 of the Federal Arbitration Act (9 U.S.C. §§ 10 and 11).
13. Miscellaneous
a. Notice. All notices to Administaff shall be in writing by certified mail or commercial delivery service against receipt to Administaff to the attention of the General Counsel, Administaff at 19001 Crescent Springs Drive, Kingwood, Texas 77339. Notice to Administaff shall not be by facsimile transmission or e-mail.
b. Law. This Agreement shall be governed by the laws of the State of Texas applicable to agreements as if made and to be performed wholly within such state, except for its provisions regarding conflicts of laws.
c. Forum; Venue. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts in the State of Texas. Venue shall be in Harris County, Texas.
d. Entire Agreement. This Agreement constitutes the complete statement of the agreement between the Parties with respect to the Site and supersedes any prior or contemporaneous communications, negotiations, representations, statements and understandings, whether oral or written, between the Parties concerning the Site.