By accessing, browsing and/or using this Site, you (“you” or “User”) acknowledge that you have read, understood, and thereby agree to be bound by this Agreement. If you are entering into this Agreement on behalf of a company or other organization, you represent and warrant that you have the authority to bind your company or organization to this Agreement. Such company or organization is then the User that is bound by this Agreement and, in addition, you agree to comply with these terms and conditions personally and as a representative of the User. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE THIS SITE.
1. Application of Terms.
This Agreement applies to this website only; it does not apply to other services or sites owned or operated by Insperity or its affiliates. This Agreement may be changed or updated by posting the changed version on this Site. Use of the Site after such changes are implemented constitutes acknowledgment and acceptance of this Agreement with all changes. Should you install or use any licensed software of Insperity, including its OrgPlus products, different terms will apply as stated in the applicable product license agreement.
2. Intended Audience.
The information, communications, data, scripting, photos, images, text, video, graphics, music, sounds, coding, user interfaces, visual interfaces, and other materials and services found on this Site (collectively, the “Content”) is licensed, subject to the limitations of this Agreement, for the lawful use of members of the general public who are over the age of majority for non-commercial use only. This Site is not a children’s site and this Site does not solicit data from children or market to children.
This Site is controlled and operated in whole or in part by Insperity from within the United States. We make no representations that this Site or the Content is appropriate or will be available for use in other locations or nations. Those accessing this Site from other locations do so at their own risk and are responsible for compliance with applicable local laws. We reserve the right in our sole discretion to refuse or terminate access to this Site, in whole or in part, at any time.
3. Your Use of the Site.
You are permitted to use the Site only as follows:
- You must comply with all applicable laws, rules and regulations while using the Site; except for printing or downloading copies of the Site pages for your own use, you may not distribute, modify, copy, transmit, display, reuse, reproduce, publish, license, create derivative works from, transfer, sell or otherwise use the Site’s Content.
- You are prohibited from using the Site to post or transmit any infringing, threatening, false, misleading, abusive, harassing, libelous, defamatory, vulgar, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. We reserve the right to fully cooperate with any law enforcement authorities or any court order requesting or directing this Site to disclose the identity of anyone posting or transmitting any such information or materials.
- You may not use the Site to impersonate any person or entity, including any representative of Insperity or its affiliated entities, for falsely stating or otherwise misrepresenting your affiliation with any person or entity in connection with the Site, or for stating or implying that we endorse any statement you make,
- You are prohibited from using the Site to advertise or perform any commercial solicitation, or otherwise exploit for any commercial purposes any portion of, use of or access to the Site.
- You are prohibited from using the Site to post or transmit or link to any virus, worm, Trojan Horse, Easter egg, time bomb, spyware or other computer code, file or program that is harmful or invasive or may, or is intended to, damage or hijack the operation of, or to monitor the use of any hardware, software, device, or equipment.
- While the publicly available information on this Site may be indexed by legitimate search engines as permitted by the functionality of this Site, no other person or entity accessing this site may copy or monitor any information or content on this Site by use of any robot, bot, spider, crawler, extraction tool, or any other device, utility, or process without express prior written permission from Insperity.
- No person or entity accessing this Site may: (i) frame or rebrand the this Site web site or information found on this Site, (ii) circumvent or attempt to circumvent the access, control or security systems of this Site, or (iii) engage in or attempt to engage in any activity that interferes with a user’s access to this Site or the proper operation of this Site.
- You may not use this Site or any information found on this Site for any uses that are in competition with this Site or with Insperity’s services or products. You agree not to reverse engineer this Site. You agree not to use or access this Site to: (i) build a competitive product or service to Insperity’s services or products, including the OrgPlus products, (ii) make or have made a product or service with similar features, functions, text, or graphics similar to any OrgPlus product, (iii) make derivative works based upon this Site or its content, or (iv) copy any features, functions, text, or graphics of this Site.
- You are prohibited from using the Site to violate the legal rights of others or harvest or collect personally identifiable information about users of the Site.
4. Registration; User Names and Passwords.
You may be required to register with this Site in order to access certain functions or areas of the Site. With respect to any such registration, we may refuse to grant you, and you may not use, a user name (or email address) that is already being used by someone else, that may be construed as impersonating another person, that belongs to another person, that violates the intellectual property or other rights of any person, that is offensive, or that we reject for any other reason in our sole discretion. You are responsible for maintaining the confidentiality of any password you may use to access the Site, and agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to the Site, to any third party. You are fully responsible for all interaction with the Site that occurs in connection with your password or user name. You agree to immediately notify this Site of any unauthorized use of your password or user name or any other breach of security related to your account or the Site, and to ensure that you “log off”/exit from your account with the Site (if applicable) at the end of each session. We are not liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.
6. Intellectual Property Rights.
Insperity, its affiliates, suppliers or licensors own all copyrights to the Content and all other intellectual property rights on or related to this Site. All trademarks, service marks, and trade names (collectively, the “Marks”) are proprietary to Insperity or its affiliates, suppliers or licensors. The Site, its Content, Marks and all other material accessible through this Site are protected in the United States and internationally by a variety of laws, treaties, and regulations. THE UNAUTHORIZED USE, COPYING, OR DISPLAY OF ANY CONTENT FROM THIS SITE IS NOT PERMITTED. YOU MAY ONLY VIEW, PRINT, OR DOWNLOAD CONTENT FROM THIS SITE FOR YOUR OWN USE AND YOU MUST NOT REMOVE OR ALTER COPYRIGHT AND OTHER PROPRIETARY NOTICES IN THE DOWNLOADED OR PRINTED MATERIAL.
7. External Sites.
This Site may contain links to other web sites which are owned or operated by third parties or by the U.S. Government (“External Site(s)”). We make no representations about any other site that you may access through this Site. We do not control the privacy policies for External Sites nor do we control how user information will be utilized at External Sites. You acknowledge and agree that we will not be not responsible for such External Sites and are not responsible or liable for any content, advertising, products, services or other material on or available from such External Sites or resources. Links and references on this Site to any websites, names, marks, products or services of any third parties or links to External Sites are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. This Site makes no representation or warranty concerning any External Site or to any third party content, products or service.
If you are interested in creating any links to this Site, you must get our prior written approval. In establishing links, you must not represent in any way, expressly or by implication, that you have received the endorsement, sponsorship or support of Insperity or its employees, agents, directors, or officers. You agree to remove any link to this Site upon our request.
8. Disclaimer of Warranties.
THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. USE OF THIS SITE IS AT YOUR RISK. WE DO NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO CONTENT, FUNCTION, RESOURCE, DATA, PRODUCT OR SERVICE OBTAINED THROUGH THIS SITE. WE MAKE NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OF THIRD PARTY WEB SITES, IF ANY, TO WHICH USER GAINS ACCESS VIA THIS SITE.
9. General Release.
To the maximum extent permitted by law, you release Insperity, its affiliates, their respective officers, directors, employees and agents from any claim, demand or damages (actual, consequential or punitive) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to your use of this Site.
10. LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL INSPERITY, ITS AFFILIATES, OR THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS OR SHAREHOLDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THIS SITE, OR THE INTERNET GENERALLY. IF USER IS DISSATISFIED WITH THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO CEASE USE OF THIS SITE.
You agree to indemnify, hold harmless and defend insperity, its affiliates and subsidiaries, shareholders, directors, officers, employees and agents from and against any losses, claims, suits, proceedings, costs, damages, liability or expense, including, without limitation, legal costs and attorney’s fees, caused by, arising out of, or relating to your use of, or interaction with, this Site or your breach of thIs Agreement.
We reserve the right, in our sole discretion and without notice, at any time and for any reason, to: (a) remove or disable your access to all or any portion of this Site; (b) suspend your access to or use of all or any portion of this Site; (c) terminate any license granted herein; and/or (d) retrieve any material obtained by you from this Site.
13. Void Where Prohibited.
Although this Site may be accessible worldwide, not all services discussed or referenced on this Site are necessarily available to all persons or in all geographic locations or jurisdictions. We reserve the right to limit the availability of this Site and/or the provision of any service to any person, geographic area or jurisdiction we so desire, at any time and in any way in our sole discretion.
14. Forums and Postings.
Although we may, in our discretion, remove your or any third party’s messages, postings and comments (collectively “User Content”) from this Site, we nonetheless have no responsibility to monitor or remove any User Content. All User Content expresses the views of its respective writers and authors and not of Insperity. We are not responsible for any content provided by any user or other third party.
We do not claim ownership of User Content. However, by posting or submitting User Content, you grant Insperity and its affiliated companies and providers a permanent and irrevocable world-wide, royalty free, sub-licensable non-exclusive license and permission to display, post, publish, copy, distribute, store, adapt, encode, create derivatives of, and otherwise use or exploit User Content.
Insperity does not endorse any businesses or individuals which may solicit business from this Site through the posting of comments or messages on this Site. You should always research all products and services independently and make your own informed decision.
16. Claims of Copyright Infringement.
If you are a copyright owner (or an agent of the owner) and in good faith believe that material on this Site infringes your rights under copyright law, you may notify us by utilizing the following procedure.
Send your notice of infringement to our designated agent for receiving such notices:
Insperity Business Services, L.P.
Daniel D. Herink
Senior Vice President of Legal and General Counsel
19001 Crescent Springs Drive
Kingwood, Texas 77339
Phone Number of Designated Agent: 281-312-3364
Facsimile Number of Designated Agent: 281-348-2859
Email Address of Designated Agent: email@example.com
To be effective, a notification of claimed infringement must be a written communication provided to the agent designated above that includes substantially the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- 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.
- 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 the service provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has 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.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you knowingly misrepresent that online content is infringing, you may be subject to civil penalties, including monetary damages, court costs and attorneys fees incurred by us, by any copyright owner, or by any copyright owner’s licensee that is injured as a result of our relying upon your misrepresentation. You may also be subject to criminal prosecution for perjury.
a. Notice. All notices regarding this Site shall be in writing by certified mail or commercial delivery service against receipt to the attention of the General Counsel, Insperity Business Services, L.P. at 19001 Crescent Springs Drive, Kingwood, Texas 77339. Notices to Insperity regarding this Site shall not be by facsimile transmission or email.
b. Applicable Law. Use of this Site and this Agreement shall be governed by the laws of the State of Texas and US federal law applicable to agreements as if made and to be performed wholly within such state, except for provisions regarding conflicts of laws.
c. Forum and Venue. All actions, claims or disputes arising under or relating to this Agreement shall be brought exclusively in the federal or state courts located in Harris County, Texas. You submit to the jurisdiction of and agree to venue in such courts.
d. Language. The parties have expressly agreed that this Agreement and all ancillary agreements, documents or notices relating thereto be drafted solely in the English language.
e. Customer Feedback. You agree that this Site may use, disclose, license, and exploit in any way any suggestions, enhancements requests, recommendations, or other feedback you provide through this Site or to this Site.
f. Additional Terms. When using any services on the Site, you agree that you are subject to and will abide by any additional posted guidelines, rules, terms and conditions applicable to such services, which rules, terms and conditions are hereby incorporated by reference into this Agreement.
g. No Advice. Nothing on this Site shall be interpreted as offering legal, tax, or financial advice.
h. Entire Agreement. This Agreement, together with other documents referred to or incorporated by reference, constitutes the complete statement of the agreement between the parties with respect to this Site and supersedes any prior or contemporaneous communications, negotiations, representations, statements and understandings, whether oral or written, between the parties concerning this Site.
i. Revisions to the Site. We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify or discontinue the Site, with or without notice; limit the Site’s availability to any person, geographic area or jurisdiction we choose; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that neither we nor any affiliated entity shall be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any service, content, submission, feature or product offered through the Site. Your continued use of the Site after such changes will indicate your acceptance of such changes.
This Agreement was last modified on October 6, 2011.
Copyright © 2011 Insperity Business Services, L.P. All rights reserved.