Terms of Service and Rules
Welcome to StartupHR (“StartupHR”) an online community made available by Advanced-HR, Inc. (“Advanced-HR,” “we,” “our” or “us”) and hosted by Allamano Ventures LLC (the “HR Forum Host”).
StartupHR is an online community and forum centered on collaboration, and guided by industry leaders, focused on human resources and compensation practices for private, venture-backed companies.
This Agreement applies to all visitors, users, and others who access the HR Forum, whether individually or on behalf of a company, including if acting on behalf of a company the company themselves and individuals otherwise using any aspect of the HR Forum per company request (collectively, “Users”). The term “you” as used in this Agreement will apply to the User.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THE HR FORUM BUSINESS MODEL REQUIRES THAT WE LIMIT OUR LIABILITY AND THAT WE NOT NEGOTIATE THE TERMS OF THIS AGREEMENT. IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT, PLEASE INDICATE ACCORDINGLY BELOW AND DO NOT ACCESS THE HR FORUM.
THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Use of Our HR Forum
This is a contract between you and Advanced-HR. You must read and agree to these terms before using the HR Forum, and if you do not agree, you may not use the HR Forum. You may use the HR Forum only if you can form a binding contract with Advanced-HR, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Nothing on the HR Forum shall be considered a solicitation to buy or an offer to sell anything to any person in any jurisdiction in which such offer, solicitation, purchase, or sale would be unlawful.
The HR Forum is offered and available to users who are 18 years of age or older only. By using this HR Forum, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the HR Forum.
1B. Right to Use the HR Forum
Subject to the terms and conditions of this Agreement, Advanced-HR grants you a non-exclusive, limited, non-transferable, freely revocable right to use the HR Forum solely as permitted by the features of the HR Forum we make available. We reserve all rights not expressly granted in the HR Forum and the Advanced-HR Content (as defined below). We may terminate your right to use and your access to the HR Forum at any time for any reason or no reason.
1C. HR Forum Accounts
Advanced-HR may require that you register for an HR Forum account in order to access and use the HR Forum. In such case, your HR Forum account will give you access to the services and functionality for the HR Forum that we may establish and maintain from time to time and in our sole discretion, and we may maintain different types of accounts for different types of Users.
If you register for an HR Forum account on behalf of a company, then (i) “you” includes you and that entity, and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf.
You may never use another User’s account without permission. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers and symbols) with your account. You must notify Advanced-HR immediately of any breach of security or unauthorized use of your account. Advanced-HR will not be liable for any losses caused by any unauthorized use of your account. If you register for an HR Forum account on behalf of a company, please advise the individuals using the HR Forum on behalf of your company that your user name and password are confidential and for the exclusive use of your company.
By providing your email address you consent to our using the email address to send you HR Forum-related notices, including any notices required by law, instead of postal mail. We may also use your email address to send you other messages, such as changes to features of the HR Forum and special offers.
1D. HR Forum Rules
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the HR Forum in any medium, including without limitation by any automated or non-automated “scraping”; (ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the HR Forum in a manner that sends more request messages to the Advanced-HR servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Advanced-HR grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from Advanced-HR.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the HR Forum; (v) taking any action that may impose an unreasonable or disproportionately large load on our infrastructure, as determined by Advanced-HR; (vi) uploading invalid data, viruses, worms, or other software agents through the HR Forum; (vii) collecting or harvesting any personally identifiable information, including account names, from the HR Forum; (viii) using the HR Forum for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) using the HR Forum in order to obtain information about Advanced-HR, the HR Forum, or our customers for the purpose of competing with Advanced-HR or otherwise replicating some or all of the HR Forum for any reason; (xi) interfering with the proper working of the HR Forum; (xii) accessing any content on the HR Forum through any technology or means other than those provided or authorized by the HR Forum; or (xiii) bypassing the measures we may use to prevent or restrict access to the HR Forum, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the HR Forum or the content.
Without prior notice, we may: change the HR Forum; stop providing the HR Forum or features of it, to you or to Users generally; or create usage limits for the HR Forum. We may permanently or temporarily terminate or suspend your access to the HR Forum without notice and liability for any lawful reason, including if in our sole determination you violate any provision of this Agreement. Upon any such termination, you continue to be bound by this Agreement.
Except for User Generated Contact (as defined below), the HR Forum and all software and other technology used to provide the HR Forum and materials and content therein or transferred thereby, including, without limitation, surveys, software, images, text, graphics, illustrations, logos, photographs, audio, videos, and music (the “HR Forum Content”), and all related intellectual property rights, are the exclusive property of Advanced-HR or its business partners or licensors.
Except as explicitly provided herein, nothing in this Agreement grants to you a license in or under any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any HR Forum Content. Use of the HR Forum Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
Without limiting generality of the foregoing, you expressly acknowledge and agree that all content provided to you as part of the HR Forum is proprietary, copyrighted material for your internal use only and may not be provided by to third parties, unless other terms have been specifically agreed to in writing by the owner of such information. Violation of copyright will result in termination of your subscription and may be subject to legal actions at the discretion of the owner of the applicable content.
You may choose to, or we may invite you to, submit comments or ideas about the HR Forum, including without limitation about how to improve the HR Forum or our products (“Idea(s)”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Advanced-HR under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. By acceptance of your Idea, we do not waive any rights to use similar or related ideas previously known to us, or developed by Advanced-HR employees, or obtained from sources other than you.
Use of Vendors & Contractors
Advanced-HR in its sole discretion may use vendors or contractors to help provide the HR Forum to you, and we may change our use of vendors or contractors without notice to you.
Third-Party Services, Links and Information
User Generated Content
The HR Forum will provide you with opportunities to participate and post content publicly through chat rooms, forums, interactive features, or other communication functionality (“Public Content”) and in response to surveys, questionnaires or other requests for information we submit to you or to Users generally (together with Public Content, “User Generated Content”). You grant the HR Forum Host a non-exclusive, perpetual, irrevocable, royalty-free, fully paid, fully sub-licensable, worldwide license to use, reproduce, modify, create derivative works of, distribute, display, perform and otherwise develop or make use of your User Generated Content in any media and for any purpose (such as but not limited to providing or enhancing the HR Forum or as part of whitepapers, partnership studies or scholarly research, provided your User Generated Content are not disclosed in a manner that identifies or that would reasonably permit identification of any individual or customer company. You further grant to us a non-exclusive, perpetual, irrevocable, royalty-free, fully paid, fully sub-licensable, worldwide license to use, reproduce, modify, create derivative works of, distribute, display, perform and otherwise develop or make use of your User Generated Content for the purpose of providing and enhancing the HR Forum. You also hereby grant each user of the HR Forum a non-exclusive license to access your User Generated Content through the HR Forum and to use, reproduce, distribute, display and perform such User Generated Content as contemplated and permitted by the functionality of the HR Forum and this Agreement. You understand that your User Generated Content that is Public Content will be published through the HR Forum, may be shared by other Users outside of the HR Forum, and may be used as permitted under the foregoing licenses, and that neither we nor the HR Forum Host guarantees the confidentiality of your User Generated Content.
You agree that you are solely responsible for your own User Generated Content and the consequences of submitting, posting or displaying it. Advanced-HR and the HR Forum Host will have the right, but not the obligation, to review your User Generated Content, and may reject or remove any User Generated Content at any time in our discretion. You affirm, represent and warrant that: (a) your User Generated Content will be in compliance with the terms of this Agreement; (b) your User Generated Content will not infringe or violate the rights of any other party or any laws and are not subject to any confidentiality or other contractual restriction on their use or disclosure; (c) your User Generaled Content will not be used to collude with other members to set market rates for such things as salaries; and (d) your User Generated Content is original to you and you own all right, title and interest in all elements of your User Generated Content, or you otherwise have all the necessary licenses, rights, consents, waivers, releases, authorizations and permissions to enable inclusion of the User Generated Content in the manner contemplated by the HR Forum and to grant the rights and licenses granted by you under this Agreement. If, as part of your User Generated Conent, you submit any information relating to your company, you represent and warrant that you are an authorized representative of the company with the authority to bind the company to this Agreement, including without limitation the foregoing representation and warranty.
Industry Participants; No Professional Advice
Through the HR Forum you may be provided with the opportunity to interact with and ask questions of and request information from individuals with industry expertise or experience, who we may refer to on the HR Forum as “industry experts”, “industry thought leaders” or other similar terms (collectively “Industry Participants”). You acknowledge and agree that, while the HR Forum engages with Industry Participants considered to be reliable, neither the HR Forum Host nor Advanced-HR recommend, endorse, approve or disapprove of any information provided by Industry Participants.
The HR Forum and the information provided through the HR Forum, including without limitation information provided by Industry Participants, is for your informational purposes only and should not be construed as professional advice. No action should be taken based upon any such information without first seeking independent professional advice from a person who is licensed and/or qualified in the applicable area. Advanced-HR, HR Forum Host, and the Industry Participants disclaim all responsibility and have no liability, directly or indirectly, with respect to any actions or inaction on your part based on information provided to you through the HR Forum, including without limitation by the Industry Participants. You agree that you must evaluate, and bear all risks associated with, your use of any such information.
For clarity, and without limitation the foregoing, you will be solely responsible for: (i) compliance with any and all applicable laws, rules, and regulations affecting your business; and (ii) any use you may make of the HR Forum to assist in complying with any such laws, rules, or regulations. The HR Forum does not include any legal, regulatory, accounting, or tax advice, and you will rely solely upon your own advisors with respect to such advice.
No Warranty; Indemnity
THE HR FORUM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE HR FORUM IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE HR FORUM IS 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ADVANCED-HR OR THROUGH THE HR FORUM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, ADVANCED-HR, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS AND INDUSTRY PARTICIPANTS AND THE HR FORUM HOST DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE HR FORUM WILL MEET YOUR REQUIREMENTS; THAT THE HR FORUM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE HR FORUM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HR FORUM IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE HR FORUM.
NEITHER ADVANCED-HR NOR THE HR FORUM HOST WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE HR FORUM OR ANY HYPERLINKED WEBSITE OR SERVICE, AND ADVANCED-HR WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES, EXCEPT IN THOSE CIRCUMSTANCES IN WHICH ADVANCED-HR OR THE HR FORUM HOST EXPRESSLY AGREES TO BE A PARTY TO A TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM JURISDICTION TO JURISDICTION. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
You agree to defend, indemnify and hold harmless Advanced-HR, the HR Forum Host and Industry Participants and their subsidiaries, agents, licensors, 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 HR Forum, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement; (iii) your violation of any third-party right, including without limitation any right of privacy, right provided by any labor or employment law, rule, or regulation, or intellectual property right; (iii) your violation of any applicable law, rule or regulation; (iv) your User Generated Conrent; (v) your gross negligence or willful misconduct; or (vi) as a result of your fault, any other party’s access and use of the HR Forum (or access and use of any third-party service via the HR Forum) with your unique username, password or other appropriate security code (or, with respect to third-party services, your Account Information).
Limitation of Liability
ADVANCED-HR, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS AND LICENSORS, THE HR FORUM HOST AND INDUSTRY PARTICIPANTS SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE HR FORUM. UNDER NO CIRCUMSTANCES WILL ADVANCED-HR BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE HR FORUM OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
NEITHER ADVANCED-HR NOR THE HR FORUM HOST ASSUMES ANY LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE HR FORUM; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE HR FORUM; (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 HR FORUM; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR HR FORUM BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN THE HR FORUM 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 HR FORUM; AND/OR (VII) ACCOUNT INFORMATION OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. NEITHER ADVANCED-HR, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, AND LICENSORS, THE HR FORUM HOST NOR INDUSTRY PARTICIPANTS SHALL BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE AMOUNT YOU PAID TO ADVANCED-HR FOR ACCESS TO THE HR FORUM IN THE 12 MONTHS PRECEDING THE CLAIM THAT GAVE RISE TO THE LIABILITY (OR $10 IF ACCESS TO THE HR FORUM IS PROVIDED TO YOU FOR FREE).
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF ADVANCED-HR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITY OR DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW, BUT WILL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
The HR Forum is designed solely for the use of HR representatives employed or associated with pre-public, venture backed companies. Those who access or use the HR Forum do so at their own volition and are entirely responsible for compliance with all applicable country and local laws and regulations, including but not limited to export and import regulations. You may not use the HR Forum if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
Governing Law, Arbitrations, and Class Action/Jury Trial Waiver
9A. Governing Law
You agree that: (i) the HR Forum shall be deemed solely based in California; and (ii) the HR Forum shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Each party agrees to submit to the personal jurisdiction of the federal and state courts located in San Francisco County, California for any actions for which the other party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. Each party agrees that San Francisco County, California is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM ADVANCED-HR OR THE HR FORUM HOST. For any dispute, each party agrees to first contact the other and attempt to resolve the dispute informally. In the unlikely event that the parties have not been able to resolve a dispute after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in San Francisco County, California, unless you and Advanced-HR agree otherwise. If you are using the HR Forum for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using the HR Forum for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing a party from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of data security, Intellectual Property Rights or other proprietary rights.
9C. Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE HR FORUM FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND ADVANCED-HR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
We will investigate notices of copyright infringement and take actions we determine are appropriate under applicable law including, in the United States, the Digital Millennium Copyright Act. If you are a copyright owner and believe that any User Generated Content or other Information infringes upon your copyrights, we request that you submit written notification of your claimed copyright infringement to: The HR Forum c/o Advanced-HR, Inc., 870 Market Street, Suite 319, San Francisco, CA 94102, Attn: Copyright Agent. Your notification must include the following: (i) an electronic or physical signature of the copyright owner or the person authorized to act on the copyright owner’s behalf; (ii) a description of the copyrighted work you believe has been infringed; (iii) a description of the User Generated Content or other Information you believe is infringing that is reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and, if available, email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, under the penalty of perjury, that the information in the notification is accurate and you are authorized to act on behalf of the copyright owner
You may discontinue your use of the HR Forum at any time.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Advanced-HR without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
11C. Notification Procedures and Changes to the Agreement
11D. Entire Agreement/Severability/Survival
This Agreement, together with any amendments and any additional agreements you may enter into with Advanced-HR in connection with the HR Forum, shall constitute the entire agreement between you and Advanced-HR concerning the HR Forum. 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, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable. Sections 2 and 5-11 of this Agreement, and any other provisions that expressly or by their nature survive expiration or termination of this Agreement, will survive expiration or termination of this Agreement.
11E. No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
11F. Contact & Customer Support
The provider of services is Advanced-HR, Inc., 870 Market Street, Suite 319, San Francisco, CA 94102. You can reach us by telephone at 1-415.362.2200. Please contact us at info@Advanced-HR.com with any questions regarding this Agreement.
This Agreement was last modified on November 15, 2017.