Terms of Use
Welcome to the Website of powerHR and its online registration services. All users of the powerHR Website are subject to the following terms and conditions of use (these 'Terms of Use').
Last Update: 7/29/2008
Please read these Terms of Use carefully before accessing or using any part of this Website. By accessing or using this Website, you agree that you have read, understand and agree to be bound by these Terms of Use, as amended from time to time, as well as the powerHR Privacy Policy, which is hereby incorporated into these Terms of Use. If you do not wish to agree to these Terms of Use, do not access or use any part of this Website.
This Website and other PowerObjects Websites provide general information about powerHR and its services and allow you to register for certain services, job positions, surveys and questionnairs sponsored and operated by third parties (collectively, 'clients,' which term refers to both client and operators).
powerHR may modify or supplement these Terms of Use at any time without notice by posting the amended terms to this Website. Your continued use of the powerHR Website means that you accept and agree to the revised Terms of Use. If you disagree with the Terms of Use as amended from time to time) or are dissatisfied with this Website, your sole and exclusive remedy is to discontinue using this Website.
USE OF THE powerHR Website
You agree to use the powerHR Website only for lawful purposes:
- 1. Specifically, you agree not to do any of the following: (1) use the powerHR Website to violate the legal rights (including the rights of publicity and privacy) of others or to violate the laws of any jurisdiction; (2) misrepresent an affiliation with any person or organization; (3) restrict or inhibit use of the powerHR Website by others; (4) upload or otherwise transmit files that contain a virus or corrupted data; (5) collect information about others (including e-mail addresses) without their consent; (6) download a file or software or include in a message any software, files or links that you know, or have reason to believe, cannot be distributed legally over the powerHR Website or that you have a contractual obligation to keep confidential; or (7) engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the powerHR Website, or which, as determined by powerHR, may harm powerHR or users of the powerHR Website or expose them to liability.
- 2. You understand and acknowledge that you are responsible for whatever you submit to this Website and you, not powerHR, have full responsibility for it, including its legality, reliability and appropriateness. By uploading or otherwise transmitting information or other material to powerHR or to any area of the powerHR Website, you warrant that the material is your own or is in the public domain or otherwise free of proprietary or other restrictions and that you have the right to communicate it to powerHR and/or post it to the powerHR Website. You grant to powerHR the right to use all information or other material you upload or otherwise transmit to powerHR or the powerHR Website in any manner powerHR chooses, including, but not limited to, copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it.
- 3. powerHR reserves the right, but does not assume any responsibility, to (1) remove any information or other material from the powerHR Website which powerHR, in its sole discretion, deems inconsistent with the foregoing commitments, including anything powerHR has been notified, or has reason to believe, constitutes copyright infringement; and (2) terminate any user’s access to all or part of the powerHR Website. However, powerHR can neither review all information or other material before it is posted on the powerHR Website nor ensure prompt removal of objectionable material after it has been posted. Accordingly, powerHR assumes no liability for any action or inaction regarding transmissions, communications or content provided by third parties. powerHR reserves the right to take any action it deems necessary to protect the personal safety of users of this Website and the public; however, powerHR has no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.
- 4. powerHR reserves the right to modify, reject or eliminate any information residing on or transmitted to the powerHR Website.
Your failure to comply with the foregoing provisions may result in the termination of your access to the powerHR Website and may expose you to civil and/or criminal liability.
COPYRIGHT RESTRICTIONS/USE OF CONTENT
The entire contents of this Website (including all information, software, text, displays, images and audio) and the design, selection and arrangement thereof, are proprietary to powerHR or an Event Sponsor or their licensors and are protected by United States and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights. You are authorized only to use the content on the powerHR Website for personal use or legitimate business purposes related to your role as a current or prospective customer of powerHR or of an Event Sponsor. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the material on this Website without the prior written consent of powerHR, except to: (a) store copies of such materials temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages of the powerHR Website; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither the title nor any intellectual property rights to any information or material in this Website are transferred to you, but remain with powerHR or the applicable owner of such content. Except as expressly authorized by powerHR in writing, you may not reproduce, sell or exploit for any commercial.
TRADEMARKS
Enjoy powerHR, as well as the other product and service names, the logo, the design marks and the slogans of powerHR are the trademarks, service marks or registered trademarks of powerHR. All other products or service marks contained herein are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners. The powerHR name and logo may not be used in any commercial manner without the prior written consent of powerHR.
LIABILITY OF powerHR, powerHR Clients AND LICENSORS
You assume all responsibility and risk for the use of this Website and the Internet.
Neither powerHR nor any powerHR client assumes any liability for the materials,
information and opinions provided on, or available through, the powerHR Website (the 'Site Content').
Any of the Site Content may include technical, accuracy and typographical errors.
powerHR has the right to make changes and updates to the Site Content without prior notice.
Neither the Site Content nor any advice or information given by powerHR or any powerHR client shall create
any warranty. Reliance on such advice, information or the Site Content is solely at your own risk.
powerHR and each powerHR client disclaim any liability for injury or damages resulting
from the use thereof.
powerHR Website, THE SITE CONTENT AND THE PRODUCTS AND SERVICES PROVIDED ON OR AVAILABLE
THROUGH THIS Website ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS, WITH ALL FAULTS.
NEITHER powerHR NOR ANY powerHR CLIENT MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO
THE QUALITY, ACCURACY, COMPLETENESS, USEFULNESS OR AVAILABILITY OF THE SITE CONTENT OR THE
powerHR Website. SPECIFICALLY, BUT WITHOUT LIMITING THE FOREGOING, NEITHER powerHR NOR ANY
powerHR CLIENT WARRANTS OR REPRESENTS THAT THE powerHR Website, THE SITE CONTENT OR THE
SERVICES PROVIDED ON OR THROUGH THIS Website WILL BE ACCURATE, RELIABLE, ERROR-FREE OR
UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE powerHR Website OR THE SERVER THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE powerHR
Website WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. powerHR AND EACH powerHR CLIENT
DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT.
Neither powerHR nor any powerHR client shall be liable for any damages of any kind whatsoever (1)
arising out of your reliance on the information on this Website or (2) resulting from viruses that
may affect your computer equipment, software, data or other property on account of your access to,
use of or browsing in this Website or any other linked Websites on or in the Internet generally or
your downloading of any materials, data, text, images, video or audio from this Website or any linked
Website or the Internet generally.
IN NO EVENT WILL powerHR OR ANY powerHR CLIENT OR ANY OF THEIR LICENSORS OR CONTRACTORS BE LIABLE
FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF,
OR INABILITY TO USE, THE powerHR Website, THE SITE CONTENT, ANY SERVICES PROVIDED ON OR THROUGH THIS
Website OR ANY LINKED SITE, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, LOST PROFITS OR DAMAGES RESULTING FROM DELAY,
INTERRUPTION IN SERVICE, LOST DATA, LOSS OF USE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS,
OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE powerHR Website OR THE SITE CONTENT, WHETHER OR NOT
THERE IS NEGLIGENCE BY powerHR OR ANY powerHR CLIENT AND WHETHER OR NOT powerHR OR ANY powerHR CLIENT
HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.
INDEMNIFICATION
You agree to indemnify and hold harmless powerHR and each powerHR client and their respective officers, directors, shareholders, employees, agents, affiliates, third party information providers, licensors and others involved in the powerHR Website or the delivery of products, services or information over the powerHR Website, from and against any and all liabilities, expenses, damages and costs, including reasonable attorney’s fees, arising from any violation by you of these Terms of Use or your use of the powerHR Website or any products, services or information obtained from this Website.
RIVACY; PROTECTION OF PERSONAL INFORMATION
powerHR’s use of your personal information and your responsibilities in connection with protecting your privacy are described in the powerHR Privacy Policy, which is incorporated by reference into these Terms of Use.
COMMENTS AND SUBMISSIONS
Anything that you submit to or through powerHR or the powerHR Website is non-confidential for all purposes and will not be held in confidence. powerHR does not want to receive confidential or proprietary information from any user through its Websites. Should you provide powerHR or its advertisers or business partners with information, including but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like, whether or not such information is provided in response to solicitations on this Website, such information shall be deemed to be nonproprietary and non-confidential and shall become the property of powerHR and you agree that all intellectual property rights therein are transferred to powerHR. powerHR assumes no obligation to protect such information from disclosure. The submission of such information to powerHR shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by powerHR for any purpose whatsoever and powerHR shall be free to reproduce, use, display, broadcast, disclose, transmit and distribute the information to others without restriction. powerHR cannot prevent the "harvesting" of information from this Website, and a user may be contacted by powerHR or unrelated third parties by e-mail or otherwise, within or outside of this Website. In addition, while there is no limitation on how a user's information may be used, powerHR may use your IP address to help diagnose problems with its server and administer this Website, or to help identify you and to gather broad demographic information.
LINKS TO OTHER SITES; REFERENCES TO THIRD PARTIES
The powerHR Website contains links to other Websites on the Internet. powerHR is not responsible for and does not endorse the content, products, services or privacy practices of any third party Websites, including, without limitation, powerHR client sites, sites framed within the powerHR Website or third party advertisements, and does not make any representations regarding their quality, content or accuracy. Your use of third party Websites is at your own risk and subject to the terms and conditions of use for such Websites. Further, a reference on the powerHR Website to any products, services, processes, hypertext links to third parties or other information by trademark, trade name, manufacturer, supplier or otherwise does not constitute or imply powerHR’s endorsement, sponsorship or recommendation.
COMPLIANCE
The owner of this Website is based in the State of Minnesota, USA. Except as explicitly stated otherwise on this Website, powerHR makes no representation that materials in this Website are appropriate or available for use in other locations. If you access this Website from other locations, you are responsible for complying with local laws.
GOVERNING LAW; JURISDICTION
The posting of this Website on the World Wide Web is a passive activity in itself. Access to this Website by persons in any jurisdiction does not imply that powerHR intends to purposely avail itself of the privilege of conducting activities within such jurisdiction, nor does it imply that powerHR invokes the benefits and protections of the law of such jurisdiction. This Website was developed in the United States of America in accordance with, and shall be governed by, and your use of this Website shall be deemed acceptance of, the laws of the State of Minnesota and the United States of America. These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the State of Minnesota, USA, without regard to its conflicts of law principles. Exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the powerHR Website shall be in the state or federal courts located in Minneapolis, Minnesota. You agree to submit to the jurisdiction of such courts. Notwithstanding the foregoing, this Website may be viewed internationally and may contain references to products or services not available in all countries. References to a particular product or service do not imply that powerHR intends to make such products and services available in such countries.
MISCELLANEOUS
If any part of these Terms of Use is unenforceable, the unenforceable part shall be modified to the minimum extent necessary to reflect, as nearly as possible, the original intentions of the parties and the other provisions of these Terms of Use shall remain in full force and effect. powerHR's failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of such provision. Neither a course of dealing or conduct between you and powerHR nor any trade practices shall be deemed to modify these Terms of Use.