Use of our Services
HR Acuity grants you permission to use the Services only as set forth in, and subject to your compliance with, the terms of this Agreement. You acknowledge that the Services contain content and intellectual property owned or licensed by HR Acuity, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks and copyrights (the “Platform Content”). This Agreement does not convey any proprietary interest in or to any Platform Content or rights of entitlement to the use thereof except as expressly set forth herein. Subject to User’s compliance with this Agreement, HR Acuity grants User a limited, non-exclusive, non-transferable, non-sublicensable license to access, view, and download Platform Content solely in connection with User’s permitted use of the Services for User’s own behalf. You may not use Platform Content or related service marks or trademarks without the written consent of the relevant property holder. You shall comply with all applicable laws and regulations and refrain from violating any rights of HR Acuity or any third party in connection with your use of the Services. This Agreement does not grant you any rights to use the hracuity.net website, or any other features, content, or applications offered from time to time in connection with such website, including, without limitation, the HR Acuity On-Demand Application software, (collectively, the “Client Applications”). A separate written agreement will govern any such use of the Client Applications.
User may use the Services only if User is thirteen (13) years of age or older and is not barred from using the Services under applicable law.
Termination or Suspension of Your Access to the Services
HR Acuity may permanently or temporarily terminate, suspend, prohibit or otherwise refuse to permit your access to the Services (or any portion, aspect or feature of the Services) without notice and liability for any reason or no reason. HR Acuity may at any time modify, discontinue, or suspend its operation of the Service, or any part thereof, temporarily or permanently, without notice to you. Upon termination or suspension of your access, you will continue to be bound by provisions of this Agreement that by their nature should survive termination or expiration.
HR Acuity's Proprietary Rights
The Services, the Platform Content, and all intellectual property rights related thereto, are the exclusive property of HR Acuity and/or its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reverse-engineer, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or Platform Content accessible on the Services. Use of the Platform Content or materials provided through the Services for any purpose not expressly permitted by this Agreement is strictly prohibited.
The Digital Millennium Copyright Act of 1998 (“DMCA”)
The DMCA provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by HR Acuity infringe your copyright, you may send us a notice requesting that we remove the material or block access to it. The notice must include the following information:
- Physical or electronic signature of a person authorized to act on behalf of the owner or an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Services are covered by a single notification, a representative list of such works);
- Identification of the material that is claimed to be infringing or the subject of infringing activity and information reasonably sufficient to allow us to locate the material on the Services;
- The name, address, telephone number, and email address of the complaining party;
- A statement that the complaining party has a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner or the law; and
- A statement that the information in the notification is accurate and is given under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices under the DMCA, as well as all other communications addressed to us relating to this Agreement, should be sent HR Acuity, LLC, 25a Vreeland Road, Suite 101, Florham Park, NJ 07932, with a copy to Fridman Law Group, PLLC, by email to firstname.lastname@example.org. We strongly recommend that you consult your legal advisor before filing a notice. Also, please be aware that penalties may apply for false claims under the DMCA.
Representations and Warranties
You affirm, represent and warrant, in addition to the other representations and warranties in this Agreement, the following:
- You are at least 18 years of age, or if you are under 18 years of age you are either an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement, and to abide by and comply with this Agreement.
- Your use of the Services will not violate applicable law or infringe upon the intellectual property rights, privacy rights or publicity rights of third parties.
You agree to defend, indemnify and hold harmless HR Acuity and its parent, subsidiaries, agents, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Services, including any data or work transmitted or received by you; or (ii) your violation of any term of this Agreement, including without limitation, your breach of any of the representations and warranties above.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HR ACUITY, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THESE SERVICES. UNDER NO CIRCUMSTANCES WILL HR ACUITY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HR ACUITY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF PLATFORM CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IF, FOR ANY REASON, HR ACUITY IS DETERMINED TO HAVE FINANCIAL LIABILITY TO YOU, THE TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HR ACUITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
Disclaimer of No Professional Services or Advice
HR Acuity is not in the business of providing legal, regulatory, tax, financial, accounting, employment, or other professional services or advice. Any information provided by HR Acuity via the Services or otherwise is meant for informational purposes only and should not be interpreted as professional advice. Certain educational information that you may find or receive through HR Acuity may not be the right fit for your particular situation. We request that you not rely solely on the information you receive through HR Acuity to make decisions, and we strongly suggest that you consult with other advisers or gather additional information pertaining to your particular circumstances before doing so. No part of this Agreement is intended or shall be construed as legal advice. HR Acuity shall not be liable for an errors or omissions in the content of this Agreement or for any actions taken in reliance thereon.
Disclaimer of Warranties and No Guarantee
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HR ACUITY, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE PLATFORM CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. USERS IN STATES OR JURISDICTIONS THAT DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES MAY HAVE DIFFERENT LEGAL RIGHTS, WHICH MAY VARY BY JURISDICTION. IN SUCH STATES OR JURISDICTIONS OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
Modifications to This Agreement
HR Acuity reserves the right to change the terms, conditions, and notices under which it offers the Services at any time and without notice, and such modifications will be deemed effective immediately upon posting. You are responsible for regularly reviewing this Agreement and any changes made to this Agreement. You can review the most current version of this Agreement at any time at https://hracuity.com/terms-of-use.
HR Acuity Not Responsible for Things HR Acuity Cannot Control
HR Acuity is not responsible or liable for any delays or failures in performance from any cause beyond HR Acuity’s control, including, but not limited to, acts of God, changes to laws or regulations, embargoes, wars, terrorist acts, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power outages, strikes, weather conditions, acts of hackers, acts of internet service providers, acts of any other third party, or acts or omissions of User.
Without limiting the generality of the foregoing, the Platform Content and the Services rely on third-party technology and services for web hosting services. Any change to the products or services offered by any of these third-party providers may materially and adversely affect, or entirely disable, User’s use of or access to the Platform Content and the Services. Likewise, HR Acuity cannot guarantee that any content hosted on a third-party server will remain secure.
A. Governing Law. You agree that the Services shall be deemed passive and do not give rise to personal jurisdiction over HR Acuity, either specific or general, in jurisdictions other than the state of New Jersey, United States of America. This Agreement shall be governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. Any claim or dispute between you and HR Acuity that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Union County, New Jersey.
B. Entire Agreement/Severability. This Agreement, together with any other legal notices and agreements published by HR Acuity via the Services, shall constitute the entire agreement between you and HR Acuity concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
C. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HR Acuity without restriction.
D. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and HR Acuity's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at 888-598-0161 or email@example.com with any questions regarding this Agreement.