Effective Date: June 30, 2011
- Use of Website and Content. The Website, including without limitation, any information, software, photographs, images, video, audio, graphics, or text on the Website ("Content"), and all patent, copyright, trademark, trade dress, domain name, trade secret, and other proprietary rights therein are the sole property of Company and various third party owners. Subject to this TOU, we grant you a non-exclusive, non-transferable, revocable license to access and use the Website and the Content solely for information purposes, and for no other purpose. You may not modify, publish, transmit, translate, participate in the transfer or sale, create derivative works, or in any way exploit, the Website or any of the Content, in whole or in part. No copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted. You acquire no ownership rights by downloading copyrighted material. The Company makes no warranties or representations related to the Content or the Website and disclaims all liability for errors or omissions in the information presented. You acknowledge that you use the Website at your own risk.
- Indemnification. You agree to indemnify and hold harmless Company and its subsidiaries, affiliates, officers, agents, employees, partners and licensors from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website or the Content, your connection to the Website, your violation of the TOU, or your violation of any rights of another party.
- Trademarks. The name HRProfile.com, SuperCATS, Galileo (pending) are protected marks of Company. Unauthorized use of trademarks, service marks or logos owned or licensed by the Company is strictly prohibited and may also be a violation of federal and state trademark laws.
- Copyright. The Website and the Content are protected by U.S. copyright laws and owned by the Company, its affiliates, and certain third party providers. You may not use, reproduce, modify, transmit, distribute or publicly display any part of the Website or the Content without the prior written consent of the Company. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information:
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number, and email address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached by directing an e-mail to the Copyright Agent at
, or by letter sent postage prepaid to HR ProFile, Inc., 8506 Beechmont Ave, Cincinnati, OH 45255, Attention: Copyright Agent.
- Purchase Terms and Conditions. The purpose of the Website is to provide information to present and potential clients of Company about Company's products and services. The purchase of Company's products and services is governed by a separate agreement between client and Company, and not by this TOU.
- Disclaimer of Warranties. THE WEBSITE AND THE CONTENT ARE PROVIDED TO YOU ON AN "AS IS" "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE AND/OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU MAY OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. ANY STATEMENTS MADE ON THIS WEBSITE SHOULD NOT BE CONSTRUED AS LEGAL ADVICE.
- Limitation of Liability. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY PROVIDER OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE WEBSITE AND/OR THE CONTENT, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY DECISION OR ACTION TAKEN IN RELIANCE UPON ANY CONTENT, ANY DELAYS, ERRORS, OMISSIONS OR INTERRUPTIONS IN DELIVERY, NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE CONTENT, OR FOR ANY TYPES OF DAMAGES OR LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Exclusion of Consequential Damages; Further Limitation of Liability. IN NO EVENT SHALL THE COMPANY OR ANY THIRD PARTY PROVIDER OR ANY OF THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR LICENSORS BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, CONSEQUENTIAL DAMAGES OR ANY OTHER LOSS OR INJURY CAUSED IN WHOLE OR IN PART IN RELATION TO THE WEBSITE AND/OR THE CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THE "DISCLAIMER OF WARRANTIES" AND "DISCLAIMER OF LIABILITY" SECTIONS MAY NOT APPLY TO YOU. IN THOSE CIRCUMSTANCES, AS WELL AS ANY OTHER WHERE LIABILITY OCCURS, YOU ACKNOWLEDGE THAT THE ENTIRE LIABILITY OF COMPANY UNDER THIS TOU, OR ANY MATTER RELATING TO THIS TOU, REGARDLESS OF THE FORM OF ANY CLAIM OR ACTION OR THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, OR WARRANTY) SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) AND THAT AMOUNT SHALL BE IN LIEU OF ALL OTHER REMEDIES WHICH YOU MAY HAVE AGAINST US AND ANY AFFILIATED PARTY.
- Governing Law. The TOU shall be governed in all respects by the laws of the State of Ohio, USA, without reference to its choice of law rules. By accessing the Website you understand and agree that all transactions take place in Hamilton County, Ohio and agree that the federal and state courts in Hamilton County, Ohio have exclusive jurisdiction over any disputes with the Company arising from or related to your use of the Website or any of the Content. You irrevocably consent and submit to the exclusive personal jurisdiction of such courts, and you irrevocably waive any jurisdictional, venue or inconvenient forum objections to such courts.
- Statute of Limitations. Except for claims arising from your misuse of the Website or the Content, you agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website, the Content or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
- Third Party Links. The Website may contain links to third party websites. The Company makes no representation regarding the content or accuracy of any website that you may access through the Website. The Company does not monitor and is not responsible for the content found on other websites that are linked from the Website. The Company does not imply endorsement, recommendation or sponsorship for any linked website or the services, products or advice described on the site, and the Company shall have no liability for its content, including its accuracy, subject matter, quality or timeliness, or any personal information that you provide to such site. USE OF SUCH SITE IS AT YOUR OWN RISK. The views, opinions, statements, offers or other information or content expressed therein are those of the respective author(s) or distributor(s), not of the Company.
- Security. The Company does not make warranties or representations regarding the security of Content. While we cannot guarantee the security of information, we utilize a combination of online and offline security technologies, procedures and organizational measures to help safeguard consumer information against loss, misuse, and unauthorized access, disclosure, alteration and destruction. Access to certain HR ProFile web pages and online services is not available to the general public and requires a login code and password provided by HR ProFile. Those web pages utilize a combination of online and offline security technologies, and the information transferred to and from those pages is made available only to clients of HR ProFile. On these web pages, HR ProFile collects only information that the user voluntarily shares with HR ProFile.
- Termination.You agree that Company may, in its discretion, and without prior notice, immediately terminate your access to the Website.
- No Third Party Beneficiaries. You agree that, except as otherwise expressly provided in this TOU, there shall be no third-party beneficiaries to this TOU.
- Waiver. The failure of the Company to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision.
- Headings.The section and paragraph headings used in this TOU are inserted for convenience only and will not affect the meaning or interpretation of this TOU.
- Contacting The Company. If you have Website questions, comments, or concerns, please email
. Please include details of your questions, comments or concerns and your complete name and contact information.