THESE TERMS & CONDITIONS CONTAIN LEGAL OBLIGATIONS. PLEASE READ THESE TERMS & CONDITIONS CAREFULLY BEFORE USING A HRWORKCYCLES SITE.
Welcome to the Internet sites of HR Work Cycles and its subsidiaries. These Terms and Conditions apply to all HR Work Cycles Internet sites which reference these Terms and Conditions, including (each a "HR Work Cycles Site" and collectively the "HR Work Cycles Sites"). By using a HR Work Cycles Site, or any of the products or services (collectively the "Services") available on a HR Work Cycles Site, you agree, without limitation or qualification, to be bound by these terms and conditions and such other additional or alternative terms, conditions, rules and policies which are displayed or to which you may be directed in connection with any particular HR Work Cycles Site or Service, all as may be modified by HR Work Cycles from time to time in its sole discretion (collectively the "Terms and Conditions"). If you do not agree with these Terms and Conditions, you may not use a HR Work Cycles Site or any of the Services on a HR Work Cycles Site. Please note that we reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Please check periodically for changes. Your continued use of a HR Work Cycles Site following the posting of any changes to these Terms and Conditions will mean you accept those changes.
Certain of the Services and related features made available on a HR Work Cycles Site may require registration or subscription. Should you choose to register or subscribe for any such Services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration or subscription on a HR Work Cycles Site, and (b) all activities that occur under such password or account. Further, you agree to notify HR Work Cycles of any unauthorized use of your password or account. HR Work Cycles shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this Section.
All material, information and content (collectively "Content") available on a HR Work Cycles Site, including the manner in which such Content is presented, and the Services are: Copyright © HR Work Cycles, its affiliates and/or licensors. All rights reserved. Such Content is protected by US and worldwide copyright laws and treaty provisions. HR Work Cycles grants you a limited non-exclusive, non-transferable license to use and display on your computer or other electronic access device, the Content and Services for your own personal and non-commercial use only, provided that you do not modify the Content and that you maintain all copyright and other proprietary notices. Except as provided herein, you agree not to reproduce, make derivative works of, retransmit, distribute, sell, publish, communicate, broadcast or otherwise make available any of the Content obtained through a HR Work Cycles Site or any of the Services, including without limitation, by caching, framing or similar means, without the prior written consent of the respective copyright owner of such Content.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) A HR Work Cycles SITE AND ANY OF THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND THAT HR Work Cycles MAKES NO WARRANTIES, REPRESENTATIONS OR CONDITIONS (as used in this section "WARRANTIES") OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT AND THAT ANY SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED, AND (B) HR Work Cycles SPECIFICALLY MAKES NO WARRANTIES THAT A HR Work Cycles SITE OR ANY OF THE SERVICES, INCLUDING ANY CONTENT, INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE USE OF A HR Work Cycles SITE OR ANY OF THE SERVICES, WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT SUCH SERVICES OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.
HR Work Cycles reserves the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, in whole or in part, at any time. Except as otherwise expressly contemplated herein, changes will be effective when notice of such change is posted on a HR Work Cycles Site. If any change is not acceptable to you, you must discontinue your use of a HR Work Cycles Site and any of the Services immediately. Your continued use of a HR Work Cycles Site or any of the Services after any such changes are posted will constitute acceptance of those changes. Further, HR Work Cycles reserves the right to change, modify, suspend or discontinue any aspect of a HR Work Cycles Site, Services or Content from time to time without notice or liability and for any reason whatsoever.
Certain HR Work Cycles Sites allow you to download software applications or other forms of Content, including files, images and/or data incorporated therein (collectively, the "Software"). The Software is made available to you by HR Work Cycles or third parties subject to the terms and conditions made available to you during the software installation process. Additionally, you agree that the Software is licensed to you by HR Work Cycles or third parties for your personal and non-commercial use only provided that you do not modify the Software and that you maintain all copyright and other proprietary notices and that HR Work Cycles or the designated third parties retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, reverse engineer, disassemble, or otherwise reduce the Software to a human-readable form. You agree that it is your responsibility to review and evaluate the Software and the related terms and conditions, and that all risk associated with the use of, or reliance on, the Software rests with you. You further agree that HR Work Cycles, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, the Software, including the failure of the Software to meet your needs, standards, expectations or specifications.
Please exercise discretion while browsing the Internet. Please note that certain links on a HR Work Cycles Site may take you to other web-sites. HR Work Cycles provides these links only as a convenience and not as an endorsement by HR Work Cycles. These linked sites are not necessarily under the control of HR Work Cycles. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements. HR Work Cycles is not responsible for the content of any such linked sites or any other web page which is not part of a HR Work Cycles Site and under HR Work Cycles’ control. Unless otherwise expressly provided, HR Work Cycles makes no representation or warranty regarding, and does not endorse, any linked site or the information, products or services appearing thereon. Accordingly, you agree that HR Work Cycles will not be responsible or liable in any way for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in any site linked from a HR Work Cycles Site.
You acknowledge and agree that your correspondence or business dealings with any third parties, including any merchants or advertisers, found on, or through, a HR Work Cycles Site or any of the Services, including payment for and delivery of related goods and services, and all other terms, conditions, representations and warranties related to such dealings, are solely as between you and such third parties. HR Work Cycles assumes no responsibility whatsoever for any charges you or any user of your account incurs when making purchases or other transactions in this manner. Further, the responsibility for ensuring compliance with all applicable laws in connection with any such transactions shall be yours’s alone. You agree that HR Work Cycles shall not be responsible or liable in any way for any loss or damage of any kind incurred as a result of, or in connection with, any such dealings or transactions.
You agree to defend, indemnify and hold harmless each of HR Work Cycles, its affiliates and licensors and each of their respective officers, directors, employees and agents, including all third parties mentioned on a HR Work Cycles Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from or related to: (a) your breach of any of these Terms and Conditions; (b) your access to or use of a HR Work Cycles Site, Services or Content; or (c) your use or reliance on, or publication, communication or distribution of anything on or from a HR Work Cycles Site or through any of the Services. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL HR Work Cycles, INCLUDING ITS AFFILIATES AND LICENSORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, AND ANY DAMAGES FOR LOSS OF PROFITS, SAVINGS, GOODWILL OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER HR Work Cycles HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH: (A) THE USE, INABILITY TO USE OR PERFORMANCE OF ANY OF THE SERVICES OF A HR Work Cycles SITE, OR (B) ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR CONTENT OR TRANSMISSIONS, OR (C) ANY OTHER MATTER RELATING TO A HR Work Cycles SITE OR ANY OF THE SERVICES. You expressly acknowledge that HR Work Cycles has entered into this agreement, and has and will make a HR Work Cycles Site, Content and Services available to you in reliance upon the limitations and exclusions of liability and the disclaimers set forth herein, and that the same form an essential basis of the bargain between you and HR Work Cycles. You expressly agree that the limitations and exclusions of liability and the disclaimers set forth herein will survive, and continue to apply in the case of, a fundamental breach or breaches, the failure of essential purpose of contract, the failure of any exclusive remedy or termination of this agreement.
All HR Work Cycles Sites and Services are controlled, operated and administered by HR Work Cycles from its offices within the United States. HR Work Cycles makes no representation or warranty that a HR Work Cycles Site or any of the Services are appropriate or available for use at any locations outside the United States. If you access a HR Work Cycles Site from outside the United States, you are responsible for compliance with all applicable laws. You may not export any of the Content accessible through a HR Work Cycles Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the United States, without reference to its conflict of laws principles. Subject to the Arbitration and Actions paragraph below, each party hereby agrees to submit to the jurisdiction of the courts of the United States and to waive any objections based upon venue.
Any controversy, claim or dispute arising out of or relating to these Terms and Conditions, your use of any HR Work Cycles Site or Service or the relationship which results from these Terms and Conditions, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms and Conditions which cannot be amicably resolved, even if only one of the parties declares that there is a difference (collectively, a "Claim"), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in the State of Tennessee. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in the United States and is independent of either party. Any such Claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim, controversy or dispute of any other party. You agree to waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. Notwithstanding the foregoing, we reserve the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
You acknowledge and agree that HR Work Cycles, in its sole and absolute discretion, may, without notice to you, suspend or terminate your account or your use of, or access to, a HR Work Cycles Site or any of the Services, and remove and discard any information or content related to a HR Work Cycles Site or any of the Services (and your use thereof), for any reason, including where HR Work Cycles believes that you have violated any of these Terms and Conditions. You further agree that HR Work Cycles shall not be liable to you or to any other person as a result of any such suspension or termination. If you are dissatisfied with a HR Work Cycles Site or any of the Services or with any terms, conditions, rules, policies, guidelines, or practices of HR Work Cycles in operating a HR Work Cycles Site or any of the Services, your sole and exclusive remedy is to discontinue using a HR Work Cycles Site or any of the Services.