Last Updated: February 11, 2020
Acceptance of Terms
intHRaction, LLC, a Georgia limited liability company (“us” or “we” or “our”) owns, operates and provides the website and domain including, without limitation, all related webpages, applications, subdomains, subparts, and content of such website and domain (collectively, this “Site”) and the services made available through this Site (collectively, the “Services”).
Provision of Services
Payment for Services
Conduct on Site
Your use of this Site and the Services are subject to all applicable laws and regulations. You are solely responsible for the content of your communications through this Site. You agree that you will not disclose, upload, share, post, email, make available, or otherwise distribute or facilitate distribution of any content, data, or information that:
Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
Infringes on or in any violates any patent, trademark, trade secret, copyright, right of publicity, license, or other proprietary right of any party;
Constitutes unauthorized or unsolicited advertising, junk or bulk email, spamming, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;
Impersonates any person or entity, including any of our employees or representatives; and/or
Is harmful to minors.
Our Intellectual Property
You agree that we own and shall retain all right, title, and interest in and to all the intellectual property, other than Subscriber’s Data (defined below), of this Site and/or that is used to provide the Services (collectively, “Our IP”). All discoveries, improvements, inventions, enhancements, error corrections, updates, recommendations/suggestions, and trade secrets, made or conceived by us, you, or any third party, arising out of or relating to Our IP, shall be our sole and exclusive property and we shall retain any and all rights therein, including, without limitation, the right to file any patent or copyright applications thereon. You agree to execute and deliver all documents and provide all testimony reasonably requested by us to register, maintain, and enforce Our IP in our name. You irrevocably designate and appoint us as your agent and attorney-in-fact to act for and on your behalf to execute, register and file any applications, and to do all other lawfully permitted acts, to further the registration, prosecution, issuance and enforcement of Our IP. All rights not expressly granted to you are reserved to us and no rights or licenses shall be deemed granted by implication, estoppel or otherwise.
You may not, and may not allow others to: (i) use Our IP for resale or distribution, or for the benefit or on behalf of any other party other than Subscriber; (ii) alter, copy, reproduce, modify, republish, upload, post, transmit, reverse engineer, decompile, disassemble, attempt to discover the source code, rent, assign, lease, resell, distribute, or otherwise create derivatives of Our IP; (iii) seek to compromise the security of Our IP; (iv) use Our IP in violation of applicable law, rule, and/or regulation, including the laws of copyright, trademark, obscenity, defamation; (v) violate the rights of any person through the transmission, storage, and/or display of Our IP; (vi) transmit, use, or process any information or data that is infringing, violates the privacy or other rights of any third party, and/or that is comprised of ‘Protected Health Information’ subject to and defined by the Health Insurance Portability and Accountability Act (“HIPAA”), and/or that would otherwise require Our IP or the Services to be HIPAA-compliant, (vii) create large bandwidth-consuming actions and/or put an unusually large load on all or any part of Our IP; and/or (viii) remove, cover, and/or alter any of our copyright notices and/or any trademarks, trade names, service marks and/or service names included in Our IP.
“Subscriber’s Data” means the information and data that Subscriber transmits to us as part of the Services. We agree that Subscriber owns and shall retain ownership of Subscriber’s Data. We further agree to use commercial reasonable efforts to maintain and protect Subscriber’s Data in our possession during the Subscription Period. Notwithstanding the foregoing, this Site and the Services are not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Accordingly, you should not rely on this Site or the Services as your only storage facility. You should preserve backup copies of all Subscriber Data and any other digital data, information or other materials that you transmit to us. YOU AGREE NOT TO HOLD US LIABLE FOR ANY CLAIMS, DAMAGES, EXPENSES, LIABILITIES, AND LOSSES ARISING FROM DAMAGE TO, ANY DELETION OF, OR ANY FAILURE TO STORE YOUR SUBSCRIBER DATA.
You represent and warrant that all Subscriber’s Data is owned or licensed by you, that you are authorized to transmit all Subscriber’s Data to us, that all Subscriber’s Data is current, accurate, and complete, that we can license all Subscriber’s Data and use all Subscriber’s Data to perform the Services, and that none of Subscriber’s Data infringes on any intellectual property rights of any third party.
Upon termination of the applicable Subscription, we agree to use commercially reasonable efforts to make Subscriber’s Data associated with such Subscription available to Subscriber for retrieval in a format selected by us for a period of at least thirty (30) days after such termination.
You may not allow anyone to use this Site, use the Services, or become a User, that competes against us or provides services that are similar to the Services.
Only companies that are organized or incorporated in the United States of America (the “United States”) or that are United States’ citizens or residents, are permitted to use this Site, use the Services, and/or agree to a Subscription.
For any individual User, such individual must be at least eighteen (18) years of age to use this Site and/or the Services.
Any information that you provide to us must be current, complete, or accurate. If we have reasonable grounds to suspect the information you provide to us is not current, complete, or accurate, then we shall have the right to immediately suspend or terminate your access to this Site and/or Services.
You are solely responsible for maintaining the confidentiality of your user name and password and for any and all statements made and acts or omissions that occur through the use of your user name and password. Therefore, you must take steps to ensure that others do not improperly gain access to your user name and password. You agree to notify us immediately of any unauthorized use of your user name and password. WE WILL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, EXPENSES, LIABILITIES, AND LOSSES ARISING FROM YOUR FAILURE TO COMPLY WITH THE FOREGOING OBLIGATIONS IN THIS PARAGRAPH.
The Services are subject to United States’ export controls. Accordingly, no Services may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department's list of Specially Designated Nationals or the United States Commerce Department's Table of Deny Orders. By downloading or using the Services, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
No International Use
Disclaimer of Warranties
THIS SITE AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THIS SITE AND/OR THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THIS SITE AND/OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE AND/OR THE SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF THIS SITE, THE SERVICES, AND ANY PRODUCTS OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THIS SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE AND/OR THE SERVICES COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. THIS SITE AND/OR THE SERVICES MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE THIS SITE AND/OR THE SERVICES. THE USE OF THIS SITE AND/OR THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY INFORMATION THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OWNERS, MANAGERS, OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS, AND EACH OF OUR AND/OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY CLAIMS AND/OR DAMAGES, WHETHER ARISING IN TORT, CONTRACT, OR OTHERWISE, AND WHETHER A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIMS AND/OR DAMAGES, IN CONNECTION WITH: ANY CLAIMS AND/OR DAMAGES BASED UPON A THIRD PARTY CLAIM; ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY OR PUNITIVE CLAIMS AND/OR DAMAGES; ANY CLAIMS AND/OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY MALFUNCTIONS, DELAYS, LOSS OF DATA, LOST PROFITS, LOST SAVINGS, INTERRUPTION OF SERVICE, LOSS OF BUSINESS OR ANTICIPATORY PROFITS; ANY MATTERS OUT OF OUR AND/OR THEIR REASONABLE CONTROL; ANY SUBSCRIBER DATA; AND/OR ANY AND ALL DIRECT CLAIMS AND/OR DAMAGES IN EXCESS OF THE FEES PAID OR PAYABLE BY THE APPLICABLE SUBSCRIBER TO US FOR THE SERVICES DURING THE THREE (3) MONTH PERIOD IMMEDIATELY PRIOR TO THE APPLICABLE EVENT GIVING RISE TO THE APPLICABLE CLAIM(S) AND/OR DAMAGES.
Governing Law & Jurisdiction
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent by email to: firstname.lastname@example.org; or be sent by conventional mail to: intHRaction, LLC, Attn: Legal, 1360 Union Hill Rd., Suite 6E, Alpharetta, GA 30004. Notices to you may be sent to the email address supplied to us or to the email address or conventional mail address of the applicable Subscriber. In addition, we may broadcast notices or messages through this Site to inform you of changes to this Site or the Services or other matters of importance, and such broadcasts shall constitute notice to you.
Any cause of action brought by you against us and/or our owners, managers, officers, agents, employees, contractors, and/or each of our and/or their respective successors and assigns must be instituted by you with one (1) year after the cause of action arises or be deemed forever waived and barred.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Services arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, and/or governmental act or regulation.