Terms & Conditions
Www.hrbrainforhire.com Terms and Conditions of Use/Content Agreement
Welcome to Www.hrbrainforhrie.com. The following terms and conditions are important things that you should know before using or accessing Www.hrbrainforhire.com and other websites under the umbrella of Delmar Johnson Enterprises, LLC. Please read them carefully. By accessing or using any part of Www.hrbrainforhire.com or any of the products or services offered by or through Www.hrbrainforhrie.com, you agree to be bound by the following terms and conditions of use. If you do not wish to be bound by these terms and conditions, you may not access or use Www.hrbrainforhrie.com. If these conditions change, you will be notified via email.
HR Brain for Hire and its affiliates and partners respect the privacy of its visitors. HR Brain for Hire does not collect any personal information through the Www.hrbrainforhire.com web site without the knowledge of the visitor. To gain full access to the products or member resources on Www.hrbrainforhire.com website, there are two ways in which you can register:
1. Purchasing one of our products, services or membership programs via Www.hrbrainforhire.com or other websites powered by HR Brain for Hire
2. Access privileges granted by Delmar Johnson Enterprises, LLC, through specialized programs, demos or promotions.
Users will be required to enter valid contact data. As a part of HR Brain for Hire network, you will receive emails from us. These emails are our newsletters and occasional HR promotions from one or more of our valued advertisers or it may contain news and interviews related to the industry from a vendor. Registered users of Www.hrbrainforhire.com may also be offered a variety of other email or mail streams such as industry-specific e-Bulletins, product announcements and surveys. You will have the option to remove yourself from these mail outs whenever you wish. As part of our network, there is a mandatory requirement to subscribe to one initial HR Brain for Hire promotions email from us. You may unsubscribe at any time.
Www.hrbrainforhire.com Membership Packages
HR Brain for Hire has introduced Membership packages. You are subscribing on a monthly or an annual basis. By subscribing to this program, you grant permission for Delmar Johnson Enterprises, LLC to charge the credit card on record the annual membership fee on an on-going basis indefinitely or until the membership is cancelled in writing to Delmar Johnson Enterprises, LLC.
HR Brain for Hire offers many products and services on Www.hrbrainforhrie.com, including our HR Kits, HR Courses and our Discover, Learn and Grow Membership programs, the Handbook Builder, and vendor offers that have fees or charges associated with them. It is assumed that existing users of products and services offered by HR Brain for Hire, and individuals new to Www.hrbrainforhire.com website, who buy or pay for these services are fully aware of what they are buying/purchasing and that they have read all documentation (product descriptions, advertising, etc.) regarding the product, service, and etcetera, to have made that choice. Memberships may be cancelled at any time with no hassle. Because the memberships are charged on an annual basis, members will continue to have access to the platform until the current subscription year ends. At that time, the membership access will be removed, and no additional fees will be charged to the customer. Individual HR Toolboxes or HR Courses are not eligible for refunds as they are confidential and proprietary products that are immediately downloadable.
The cancellation policy of other products, services, etcetera that appears on Www.hrbrainforhire.com and on other websites under HR Brain for Hire umbrella but are offered by other companies or individuals, are the sole responsibility of those companies or individuals. HR Brain for Hire does not assume any liability of any sort resulting in the purchase of those particular products, services, and etcetera and does not endorse the purchase of the same.
Copyright and Permitted Use of Www.hrbrainforhire.com Materials/Content
Www.hrbrainforhire.com is owned and powered by Delmar Johnson Enterprises, LLC. Except where otherwise noted, the content of Www.hrbrainforhire.com that have been created, provided, written and published by HR Brain for Hire staff, including the design, text, graphics and arrangement thereof, and the software used herein, is the property of and is owned or licensed by and controlled by HR Brain for Hire and is the copyrighted material of Www.hrbrainforhrie.com, or its content providers.
ALL RIGHTS ARE RESERVED. No materials from Www.hrbrainforhire.com that have been created, written and published by HR Brain for Hire staff, may be copied, duplicated, downloaded, reproduced, sold, resold, shown or played in public, republished, uploaded, posted, stored, transmitted or distributed, adapted or changed in any way or otherwise exploited for any commercial purpose that is not expressly permitted by HR Brain for Hire, except that you may electronically copy and print in hard copy, and customize for your business, portions of product content and the handbook generated via the Handbook Builder software for your use only. Any other use, reproduction, modification, distribution, transmission, republication, display or performance without the prior written consent of HR Brain for Hire is strictly prohibited. Unauthorized attempts to upload information or change information are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986.
“Www.hrbrainforhrie.com; all of our own custom page headers, logos, graphics and button icons are service marks, trademarks and/or trade dress of Www.hrbrainforhire.com. All other trademarks, product names and company names or logos cited anywhere on Www.hrbrainforhire.com are the property of their respective owners.
Except as expressly provided, nothing contained in these terms and conditions or anywhere on Www.hrbrainforhire.com shall be construed as conferring any license under any intellectual property rights of Www.hrbrainforhire.com or any third party.
Rules at Www.hrbrainforhrie.com
To guide you in using Www.hrbrainforhire.com responsibly, HR Brain for Hire has established the following rules. If you do not abide by these rules while using Www.hrbrainforhire.comWww.hrbrainforhire.com has the right to prohibit you from using Www.hrbrainforhire.com and may terminate any account (without a refund) that you may have. While using Www.hrbrainforhrie.com, you may not:
1. Upload, post, email, transmit or otherwise distribute any data, text, information, messages, software, music, sound, photographs, graphics, video messages or other material:
a. constituting or encouraging conduct that would intentionally or unintentionally violate any applicable local, state, provincial, national or international law or give rise to civil liability, or otherwise use -Www.hrbrainforhire.com in a manner which is contrary to law;
b. that is harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethically or otherwise objectionable;
c. that you do not have a right to transmit under any law or under any other arrangement, contractual or otherwise;
d. that is protected by patent, trademark, trade secret, copyright or other similar intellectual property right of any person without obtaining the permission of the holder of such intellectual property right; or
e. that contains any virus, cancelbot, Trojan horse, worm or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
2. Upload, post, email, transmit or otherwise distribute any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation except where specifically permitted on Www.hrbrainforhire.com;
3. Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity; or
4. Collect or store personal data about other users of Www.hrbrainforhrie.com.
Links to Www.hrbrainforhrie.com
While using Www.hrbrainforhire.com you will likely access third party web sites through search results displayed on Www.hrbrainforhire.com and links contained on Www.hrbrainforhire.com. Such third-party web sites are not under the control of HR Brain for Hire and Www.hrbrainforhire.com is not responsible for the availability of such sites or their contents. Any links provided on Www.hrbrainforhire.com are provided for your interest or convenience only and do not represent or imply any endorsement by HR Brain for Hire of any such linked site. You acknowledge that the use of such third-party web sites is governed by the terms and conditions of use applicable to any such site.
HR BRAIN FOR HIRE SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR THE ACCURACY, CONTENT, TIMELINESS, COMPLETENESS, LEGALITY, RELIABILITY, QUALITY, SUITABILITY OR DECENCY OF ANY INFORMATION, ADVICE, CONTENT, SERVICE, PRODUCT OR MERCHANDISE CONTAINED IN SITES LISTED IN SEARCH RESULTS ON WWW.HRBRAINFORHIRE.COMOR OTHERWISE LINKED TO WWW.HRBRAINFORHIRE.COM.
Third Party Services
You may order third-party services or merchandise through Www.hrbrainforhrie.com. All matters concerning the merchandise and services desired from Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and Seller. You will not consider HR Brain for Hire as a party to such transactions, whether or not we may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
User Content/ Content Agreement
Www.hrbrainforhire.com enables its users to post content (i.e.; articles, reviews, blogs, wikis, etc.) and comments on content, products and services (herein known as “Your Content”). Such users are solely responsible for any and all information posted as well as any consequences that may result from “Your Content”. In posting your material, you are agreeing that you are the sole creator of that content and you are the owner of that copyright. HR Brain for Hire is not liable for any damages arising from the use of “Your Content”. We have the right to refuse and remove any content uploaded, posted, emailed, reproduced, transmitted or otherwise distributed using Www.hrbrainforhrie.com, including any of “Your Content”. Www.hrbrainforhire.com may also retain “Your Content” and disclose it (including the contents of your private communications), (a) if required by law, (b) as may be required to prevent or correct any problem with or disruption of the operation of Www.hrbrainforhrie.com, (c) in connection with any claim that “Your Content” violates the rights of any third party, (d) to protect itself, its officers, directors and employees, the users of Www.hrbrainforhire.com and the public, or (e) to enforce these terms and conditions.
In order to publish your content (i.e.; comments, articles, news, etcetera), you must agree to the following clauses as pointed out in Www.hrbrainforhire.com´s Content Agreement.
1. By providing Your Content through any publicly accessible areas of Www.hrbrainforhire.com or submitting any of Your Content to Www.hrbrainforhrie.com, you automatically grant to HR Brain for Hire a perpetual, royalty free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute and display any of Your Content into any form, medium or technology now known or hereafter developed. — This agreement does not in any way limit the Author(s) ability to use or publish their content elsewhere and the Author(s) shall retain the copyright.
2. The Author(s) represents and warrants that the Content provided is original and does not violate or infringe upon any intellectual property rights of any person or entity, including without limitation, any copyright, trademark, patent, statutory, common law or the proprietary rights of others, or contain libelous or obscene material. Any excerpts from other copyrighted works shall only be included in the Content with the prior written permission of the copyright owners.
3. If relevant, the Author(s) will take reasonable care in checking facts and statements and keep all notes and tape recordings made in the course of researching and writing the article. The notes will be made available to HR Brain for Hire to defend against any legal action or otherwise, and the Author(s) will cooperate with HR Brain for Hire and its attorneys should the need arise.
4. If relevant, the Author(s) agree(s) to keep notes related to the Content for a period of five (5) years.
5. The Author(s) grant(s) HR Brain for Hire the right to use the Author’s (s’) name(s) and likeness in promoting the Content and Www.hrbrainforhire.com. HR Brain for Hire reserves the right to edit all accepted Content to conform to our style presentation and format, taking care not to change the Author’s (s’) meaning.
6. The Author(s) indemnifies and agrees to hold HR Brain for Hire, its parents, subsidiary and affiliated companies and their successors, officers, directors and employees harmless from any damage, cost of expense, including reasonable attorney’s fees and costs of settlement, related to any claim, action or proceeding arising out of or in connection with this Agreement and/or the Author’s representations or warranties hereunder.
By providing Your Content through any publicly accessible areas of Www.hrbrainforhire.com or submitting any of Your Content to Www.hrbrainforhrie.com, you warrant that Your Content is not subject to any third party copyright or any other proprietary right and that you have full capacity and authority to make such posting, transmission, distribution or submission.
General Disclaimer of Representations and Warranties
HR Brain for Hire is providing Www.hrbrainforhire.com on an “AS IS, AS AVAILABLE” basis to users. Www.hrbrainforhire.com is a service to users seeking human resources news, information and data management. You use Www.hrbrainforhire.com at your own risk. Neither HR Brain for Hire nor any of its officers, directors, shareholders, employees, affiliates, agents, third-party content providers, sponsors, licensors, or the like, makes any representation or warranty or condition, either express or implied, to you (a) that Www.hrbrainforhire.com will be uninterrupted or error-free, (b) that Www.hrbrainforhire.com or the server that makes Www.hrbrainforhire.com available are free of viruses or other harmful components, (c) as to the accuracy, reliability or completeness of results that may be obtained from the use of Www.hrbrainforhire.com or (d) as to the accuracy, content, timeliness, completeness, legality, reliability, quality or suitability of any information, advice, content, service, product or merchandise provided through Www.hrbrainforhire.com.
WWW.HRBRAINFORHIRE.COM MAKES AND YOU RECEIVE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITH RESPECT TO WWW.HRBRAINFORHIRE.COM, ITS CONTENT, ITS MERCHANDISE, ITS SERVICES, ANY DOCUMENTS, INFORMATION, ITEMS OR MATERIALS PROVIDED BY WWW.HRBRAINFORHIRE.COMIN CONNECTION WITH THE USE OF WWW.HRBRAINFORHIRE.COM, ANY GOODS OR SERVICES RECEIVED THROUGH OR ADVERTISED ON WWW.HRBRAINFORHIRE.COMOR RECEIVED THROUGH ANY LINKS PROVIDED ON WWW.HRBRAINFORHIRE.COM, ANY INFORMATION OR ADVICE RECEIVED THROUGH WWW.HRBRAINFORHIRE.COMOR ANY LINKS PROVIDED ON WWW.HRBRAINFORHIRE.COM, INCLUDING WITHOUT LIMITATION NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SUITABILITY, FITNESS FOR A PARTICULAR PURPOSE, YEAR 2000 COMPLIANCE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS OR OTHERWISE. WWW.HRBRAINFORHIRE.COMIS NOT INTENDED AS LEGAL ADVICE NOR SHOULD INFORMATION PRESENTED ON WWW.HRBRAINFORHIRE.COMBE USED IN PLACE OF LEGAL GUIDANCE.
Some jurisdictions do not allow the exclusion or disclaimer of certain warranties. In such jurisdictions, any or all of the above exclusion may not apply to you.
Disclaimer Regarding Professional Information
Www.hrbrainforhire.com may make available certain professional information provided by third parties including information relating to law and accounting. Before you use any such professional information made available through Www.hrbrainforhire.com or through any link on Www.hrbrainforhire.com, please re-read the above section entitled “General Disclaimer of Representations and Warranties” and the section below entitled “Limitation of Liability” as those provisions apply to any professional information made available to you. Neither HR Brain for Hire nor any of its officers, directors, employees, agents, sponsors, licensors, or the like is qualified to provide information or advice in any of these or similar professional fields and does not make any representation or warranty or condition, either express or implied, to you regarding the content, accuracy, completeness, legality, reliability, quality or suitability of any such professional information. Www.hrbrainforhire.com recommends that you seek advice from a qualified professional with respect to any issues or questions that you may have relating to medicine, law, accounting or any other profession.
Disclaimer Regarding Downloading
Www.hrbrainforhire.com may make available for downloading certain software, PDFs, PowerPoints, videos, files, and computer programs provided by third parties. Neither HR Brain for Hire nor any of its officers, directors, shareholders, employees, affiliates, agents, sponsors, licensors, or the like makes any representation or warranty or condition, either express or implied, to you regarding such software. HR Brain for Hire cannot guarantee that any such software will meet your needs, standards or desired specifications or that such software will be free from viruses or errors. Before downloading any such software or computer programs, please re-read the above section entitled “General Disclaimer of Representations and Warranties” and the section below entitled “Limitation of Liability”. Use of such software is subject to the terms and conditions of any end user license agreement that accompanies such software and by using such software you agree to be bound by the terms and conditions of such license.
YOU AGREE THAT ANY SOFTWARE, COMPUTER PROGRAMS, INFORMATION, PHOTOGRAPHS, MUSIC, VIDEO, AUDIO, POWEPOINTS, CHARTS, GRAPHS, DATA, OR OTHER MATERIALS OBTAINED ON OR THROUGH WWW.HRBRAINFORHIRE.COMIS DONE AT YOUR OWN RISK AND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR OTHER DAMAGES THAT MAY RESULT FROM THE DOWNLOAD OF SUCH MATERIALS.
Limitation of Liability
UNDER NO CIRCUMSTANCES WILL HR BRAIN FOR HIRE OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AGENTS, SPONSORS, LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING WWW.HRBRAINFORHIRE.COMBE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT TO LOSS OF PROFITS, GOODWILL, USE DATA OR OTHER INTANGIBLE LOSSES) THAT RESULT OR ARISE FROM (A) THE USE OF AND RELIANCE ON WWW.HRBRAINFORHIRE.COM, (B) THE INABILITY TO USE HRFUEL.COM, (C) MISTAKES, OMISSIONS, INTERRUPTIONS, SUSPENSION, TERMINATION, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WITH RESPECT TO WWW.HRBRAINFORHIRE.COM, INCLUDING WITHOUT LIMITATION THOSE THAT RESULT FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO WWW.HRBRAINFORHIRE.COM’S RECORDS, PROGRAMS, OR SERVICES, (D) MERCHANDISE, PRODUCTS, OR SERVICES RECEIVED THROUGH OR ADVERTISED ON WWW.HRBRAINFORHIRE.COMAND MERCHANDISE, PRODUCTS, OR SERVICES RECEIVED THROUGH OR ADVERTISED ON ANY LINKS PROVIDED ON WWW.HRBRAINFORHIRE.COM, (E) INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON WWW.HRBRAINFORHIRE.COMAND INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON ANY LINKS PROVIDED ON WWW.HRBRAINFORHIRE.COMAND (F) ANY INFORMATION, DATA, TEXT, MESSAGES AND OTHER MATERIALS THAT YOU EMAIL, POST, UPLOAD, REPRODUCE, TRANSMIT OR OTHERWISE DISTRIBUTE USING WWW.HRBRAINFORHIRE.COM.
Because some jurisdictions do not allow the restriction, exclusion or limitation of liability for, in such jurisdictions liability is limited to the fullest extent permitted by law.
Indemnification and Release
You agree to defend, indemnify and hold harmless HR Brain for Hire and its affiliate(s) and related companies, officers, directors, shareholders and employees from any and all claims, liabilities, damages, costs and expenses, including reasonable legal fees, arising from (a) your use of Www.hrbrainforhire.com or the internet, (b) the uploading, posting, emailing, reproducing, transmitting or otherwise distributing of any information, data, text, software, music, sound, photographs, graphics, video messages or other materials by you or any users of any account that you may have with Www.hrbrainforhire.com, or (c) the breach of any of these terms and conditions by you or any users of any account that you may have with Www.hrbrainforhrie.com.
Jurisdiction and Governing Law
These terms and conditions shall be governed by and construed in accordance with the laws of the State of Tennessee. HR Brain for Hire controls Www.hrbrainforhire.com from within the State of Tennessee. It can however be accessed from other places around the world. Although these places may have different laws from those of the State of Tennessee, by accessing Www.hrbrainforhire.comyou agree that the laws of the State of Tennessee, without regard to rules relating to conflict of laws, will apply to all matters relating to your use of Www.hrbrainforhrie.com. You and HR Brain for Hire also agree to submit to the non-exclusive jurisdiction of the courts of the State of Tennessee, with respect to such matters. Users of Www.hrbrainforhire.comaccessing it from places outside of the State of acknowledge that they do so voluntarily and are responsible for complying with local laws.
These terms and conditions and any and all documents specifically referenced herein, including our content agreement, constitute the entire agreement between you and HR Brain for Hire with respect to the subject matter hereof. No failure on the part of HR Brain for Hire to exercise and no delay in exercising any right under these terms and conditions shall operate as a waiver of such right. If any provision contained in these terms and conditions is determined by a court of competent jurisdiction to be illegal, invalid or otherwise unenforceable, that provision shall be severed from these terms and conditions and the remaining provisions shall continue in full force and effect.