USER AGREEMENT
This User Agreement (this “Agreement”) is made by and between HR VISION CONSULTING, Inc., a FLORIDA CORP ,and its account holders (“You” or “Your”) as to account establishment and maintenance and general use of HR Vision Consulting Inc’s mobile application and/or website.
1. Agreement and Acceptance of this Agreement and Amendments
By establishing a HR Vision Consulting Inc account and thereafter using HR Vision Consulting Inc’s mobile application and/or website, You agree to and accept this Agreement. HR Vision Consulting Inc reserves the right to revise, supplement and/or otherwise amend this Agreement and will provide You with a copy thereof and will allow You to review the revisions to the Agreement before continuing use of HR Vision Consulting Inc’s mobile application and/or website. However, if You continue to use HR Vision Consulting Inc’s mobile application and/or website after receiving a copy of any revision, supplement and/or amendment to the Agreement, same shall constitute Your agreement and acceptance thereto.
2. Use of Your Information
HR Vision Consulting Inc considers your privacy to have the utmost importance and, thus, HR Vision Consulting Inc has implemented a Privacy Policy to clarify how it shares Your information with others and how it collects and uses Your information. (A copy of HR Vision Consulting Inc’s Privacy Policy is available here and HR Vision Consulting Inc’s Privacy Policy is incorporated by reference into this Agreement).
3. Ownership and Use of Content
You shall always own any and all of the content You post on HR Vision Consulting Inc. However, for content posted that creates intellectual property rights, including, but not limited to, photos, drawings and videos (“IP), You grant HR Vision Consulting Inc a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any and/all IP that You post on HR Vision Consulting Inc, via its mobile application and/or its website. The aforementioned license shall also exist perpetually, even if You should terminate your HR Vision Consulting Inc account or delete Your post.
4. Restrictions on Content
HR Vision Consulting Inc constantly monitors the content posted by You, via its mobile application and/or website, but cannot always ensure misuse. However, in furtherance of preventing misuse, the following content guidelines shall apply:
a. You will not post unauthorized commercial communication, such as spam;
b. You will not collect content, or otherwise access HR Vision Consulting Inc, through automated technology, such as robots, spiders, or scrapers;
c. You will not engage in unlawful multi-level marketing;
d. You will not upload viruses or other malicious code;
e. You will not post Your personal and/or financial information or that of any third-party;
f. You will not post content that violates the intellectual property rights of any third-party;
g. You will not bully, intimidate, or harass any user;
h. You will not post content that threatens violence, incites violence or depicts graphic violence;
i. You will not post content that depicts nudity or sex acts;
j. You will not post content that encourages unlawful actions; and
k. You will not post content that is disparaging towards age, gender, race, nationality, sexual orientation, religion and/or those with a disability.
HR Vision Consulting Inc is committed to preserving the intellectual property rights. Thus, in accordance with the Digital Millennium Copyright Act (the “DMCA”), HR Vision Consulting Inc shall attempt to expeditiously remove any infringing material from its mobile application and/or website. If You believe that any posted content infringes any intellectual property rights that you own or control, you may file a notice of such infringement with HR Vision Consulting Inc as follows:
(if by mail or courier):
HR Vision Consulting Inc,
1200 North Federal Highway
Boca Raton, Florida 33432
Attention: Copyrights
(if by electronic mail):
HR Vision Consulting Inc.com
Any notice under the DMCA must include:
a. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
b. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; and
c. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit HR Vision Consulting Inc to locate the material.
5. Account Registration and Maintenance
To better develop its services, it is necessary for HR Vision Consulting Inc to have several aspects of Your personal information and to regulate your account status. Thus, You will comply with the following:
a. You will not provide any false personal information to HR Vision Consulting Inc;
b. You will not create more than one (1) account;
c. You will not create or use an account if you under the age of thirteen (13) years;
d. If HR Vision Consulting Inc suspends Your account, You will not create another account without HR Vision Consulting Inc’s consent;
e. You will provide HR Vision Consulting Inc with up-to-date contact information;
f. You will not share your account password with any third-party, let any third-party access your account, or do anything else that might otherwise jeopardize the security of Your account;
g. You will not transfer Your account to any third-party without HR Vision Consulting Inc’s consent; and
h. If You choose to list Your username as something other than your legal name, HR Vision Consulting Inc, in its sole and absolute discretion, may require You to choose another username.
6. Mobile Application Use
a. While HR Vision Consulting Inc does not charge for the installation and use of its mobile application, please be aware that Your cellular network carrier's applicable charges and/or fees, such as text messaging and data usage, still apply; and
b. If You install HR Vision Consulting Inc’s mobile application, then You agree that HR Vision Consulting Inc, at its sole and absolute discretion, may modify, alter and/or otherwise change its mobile application, without further notice to You, in order to improve, enhance, and further develop its mobile application.
7. Account Termination
If HR Vision Consulting Inc has determined, it its sole and absolute discretion, that You have violated any portion of this Agreement, HR Vision Consulting Inc shall immediately terminate your account. You may also terminate Your account at any time and for any reason whatsoever (available here). In the event of termination of Your account, the provisions of Sections 2, 3, 9, 10 and 11 of the Agreement shall survive the termination of Your account.
8. Warranties and Representations
HR Vision Consulting Inc offers the use of its mobile application and/or website “as is” and without any warranty of any kind or nature, either express or implied, including, but not limited to, implied warranties of merchantability and/or fitness for a particular purpose. While HR Vision Consulting Inc strives to ensure a positive and otherwise enjoyable user experience, it, unfortunately, cannot represent that the use of its mobile application and/or website is secure and/or is without errors, delays or other imperfections.
9. Limitation of Liability and Indemnification
HR Vision Consulting Inc is not responsible for the posted content posted or any and all other actions of its account holders. Except where prohibited by law, in no event shall HR Vision Consulting Inc be liable for any indirect, special, punitive, incidental, exemplary, or consequential damages that result from Your use of, or inability to use, HR Vision Consulting Inc’s mobile application and/or website or the use thereof by other HR Vision Consulting Inc users, even if HR Vision Consulting Inc has been advised of the possibility of such damages.
You shall hereinafter release HR Vision Consulting Inc and its shareholders, officers, directors, employees and/or authorized agents from and against any and all past and future damages, losses, and/or expenses of any kind or nature, including reasonable legal fees and costs. Your only remedy against HR Vision Consulting Inc is to stop using HR Vision Consulting Inc’s mobile application and/or website. Notwithstanding, if HR Vision Consulting Inc is found liable to You for any damage, loss and/or expense sthat arises out of or is in any way connected with this Agreement or Your use of HR Vision Consulting Inc’s mobile application and/or website, HR Vision Consulting Inc’s liability shall not exceed one hundred dollars ($100.00).
If HR Vision Consulting Inc is subjected to a claim, cause of action and/or dispute from a third-party as related to the content posted by You and/or any and all other actions by You whatsoever related to HR Vision Consulting Inc, You shall indemnify and hold HR Vision Consulting Inc and its shareholders, officers, directors, employees and/or authorized agents harmless from and against any and all damages, losses, and/or expenses of any kind or nature, including reasonable legal fees and costs.
10. Venue and Choice of Law
Notwithstanding the provisions of Section 9 of the Agreement, You shall resolve any and all claims, causes of action and/or disputes You may have relating to HR Vision Consulting Inc and/or this Agreement exclusively in the United States District Court for the Southern District of Florida or the County or Circuit Court located in Palm Beach County, Florida. Further, You agree to submit to the personal jurisdiction of such courts and the laws of the State of Florida shall be applied to any and all claims, causes of action and/or disputes You may have relating to HR Vision Consulting Inc and/or this Agreement.
11. Other
a. This Agreement makes up the entire agreement between HR Vision Consulting Inc and You and supersedes any prior substantively similar agreements;
b. If any portion of this Agreement is found to be unenforceable, the remaining portions shall remain in full force and effect;
c. If HR Vision Consulting Inc delays or fails to enforce any portion or all of this Agreement, same shall not be considered as a waiver of any right under this Agreement;
d. Any and all of HR Vision Consulting Inc’s rights and obligations under this Agreement may be assigned by HR Vision Consulting Inc, at its sole and absolute discretion, in connection with a merger, acquisition, or sale of assets, or by operation of law;
e. This Agreement does not confer any right to anyone other than You and is binding upon Your heirs and successors in interest;
f. HR Vision Consulting Inc reserve any and all rights not expressly granted to You.