Terms of Use Agreement

1. Notice/Acceptance of Terms

This Terms of Use Agreement (the "Agreement") is a contract between you and the owners of www.thehraudit.com, a Washington company ("TheHRAudit"). This Agreement governs your use of the Site (as defined below). Be sure that you carefully read and fully understand this Agreement. TheHRAudit is willing to provide you with access to the Site only on the condition that you accept all of the terms and conditions contained in this Agreement. Your use of the Site, including without limitation any of the products or services offered on the Site, will constitute your acceptance of, and agreement to be bound by, all the terms and conditions of this Agreement. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT ACCESS THE SITE OR ANY PRODUCTS OR SERVICES PROVIDED ON OR THROUGH THE SITE. You may print this Agreement or you can download this Agreement to your computer. The disclaimers, terms and conditions on these pages are of general application and may be supplemented by additional disclaimers, guidelines, rules, terms or conditions of specific application on any particular page of this Site.

2. Description of Service

TheHRAudit currently found at http://thehraudit.com provides users with an opportunity to assess the HR compliance of their organizations based upon extensive research used to develop a self-selecting survey which produces a baseline awareness of HR compliance actionable items (collectively, the "Site"). Certain products or services may be available only in certain jurisdictions and are void where prohibited by law. Your eligibility for particular products and services offered by TheHRAudit, is subject to final approval and acceptance by TheHRAudit. In order to use the Site, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content and pay any service fees associated with such access. System availability and access to the services available on this Site may be limited or unavailable for reasons which may include, without limitation, system performance. TheHRAudit makes no representations, warranties or assurances as to the availability of the Site.

3. License

Except as expressly provided otherwise in an applicable Supplemental Agreement, TheHRAudit grants you a personal, revocable, non-transferable and non-exclusive license to display on your computer, print, download and use the underlying HTML, text, audio clips, video clips and other content that is made available to you on this Site, for non-commercial, personal or educational purposes only.

4. Modifications to Site

TheHRAudit reserves the right to modify, suspend or discontinue, temporarily or permanently, the Site (or any part thereof) from time to time, for any or no reason and without notice.

5. Third Party Links

This Site may provide links or references to other sites. TheHRAudit makes no representations, warranties or assurances as to any information in such sites, has no responsibility for their content and shall not be liable for any damages or injury arising from that content. Any links to other sites are provided merely for your convenience and the inclusion of such links does not imply that TheHRAudit endorses the content of such sites. Where TheHRAudit is offering its own content (or content of an affiliate) on or through third party sites (whether by linking, framing or otherwise), your use or display of that content shall be subject to this Agreement.

Your correspondence or business dealings with, or participation in promotions of, advertisers or third parties found on or throughout the Site, including without limitation with respect to the payment and delivery of related goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such parties and are not binding upon nor constitute obligations of TheHRAudit. You agree that TheHRAudit shall not be responsible or liable for any actions, losses, damages, liabilities, claims, judgments, costs or expenses of any nature or kind (collectively, "Claims") incurred as the result of any such dealings or as the result of the presence of such third parties on the Site, and you agree to indemnify TheHRAudit and its owners from and against any Claims incurred as the result of any such dealings.

6. Disclaimer of Warranties

Except as expressly provided otherwise, TheHRAudit disclaims any and all responsibility or liability for the sequence, content, reliability, quality, accuracy, completeness, or legality of information or material contained on the Site. The Site may contain inaccuracies or typographical errors.

Any communications sent to you via this Site or otherwise from TheHRAudit (including without limitation in the form of newsletters, electronic mail or via phone), and the contents of this Site are provided for informational and educational purposes only and are not intended to provide legal advice and should not be relied upon in that regard. Your particular situation is unique and therefore you should independently consult a lawyer to ensure the information contained herein is substantiated against trial and case law.

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN TheHRAudit AND ITS DATA PROVIDERS will use reasonable efforts to include up-to-date and accurate information in this site but all PRODUCTS AND SERVICES OFFERED ON THE SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS, ARE EXPRESSLY DISCLAIMED. TheHRAudit AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE PRODUCTS AND SERVICES OFFERED ON THE SITE. TheHRAudit AND ITS DATA PROVIDERS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SITE, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE SITE OR THROUGH ANY LINKS PROVIDED ON THE SITE.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE SO AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY CLAIMS, INCLUDING WITHOUT LIMITATION ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA, THAT RESULTS FROM DOWNLOADING OR OTHERWISE OBTAINING SUCH MATERIAL.

Some states do not allow the exclusion of implied warranties, so these exclusions may not apply to you.

7. Limitation of Liability

EXCEPT AS EXPRESSLY PROVIDED OTHERWISE HEREIN, in no event shall TheHRAudit or its owners be liable to YOU or any third party for any CLAIMS whatsoever, including without limitation direct, indirect, special, incidental, punitive OR consequential DAMAGES (including without limitation any lost revenues, lost profits, lost opportunities, loss of prospective economic advantage) arising out of or in connection with the use or performance of this site, Any communications sent to you via this Site or otherwise from TheHRAudit (including without limitation in the form of electronic mail or via phone), or information available from this site, including without limitation any damages suffered as a result of omissions or inaccuracies in such information, the transmission of confidential or sensitive information to from the site providers, and inconvenience, delay or loss of use of the service, even if any one of or all of the site providers is advised of THE possibility OF SUCH DAMAGES. WITHOUT LIMITING THE FOREGOING, the site providers assume no liability or responsibility for damage or injury to persons or property arising from any use of any product, information, idea, or instruction contained in the content of this site. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

8. Other Agreements

1. Governing Law. This Agreement shall be governed by the laws of the State of Washington, without regard to conflicts of law provisions. The parties agree that the exclusive jurisdiction of any dispute arising out of, or relating to, this Agreement or any dispute arising out of, or relating to, this Agreement or services provided in connection therewith shall be in the state and federal courts located in King County, WA.
2. In the event of irreconcilable disagreement, both parties agree to the use of mediation and arbitration to settle all disputes.
3. Entire Agreement. This Agreement, is the entire and exclusive agreement between the parties, and it supersedes all previous communications, representations or agreements, either oral or written, between them with respect to this subject matter. No representations or statements of any kind made by any affiliate of TheHRAudit, which are not included in this Agreement, shall be binding on TheHRAudit.
4. Waiver. No waiver of any provision herein shall be valid unless in writing and signed by an authorized representative of both you and TheHRAudit. TheHRAudit's failure to insist upon or enforce strict performance of any provision of this Agreement or any right shall not be construed as a waiver of any such provision or right.
5. Severability. If any provision of this Agreement is determined to be illegal or unenforceable, such provision shall be automatically reformed and construed so as to be valid, operative and enforceable to the maximum extent permitted by law or equity while preserving its original intent. The invalidity of any part of this Agreement shall not render invalid the remainder of this Agreement.