The DMCA provides recourse to those who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by HR Acuity infringe your copyright, you may send us a notice requesting that we remove the material or block access to it. The notice must include the following information:
Notices under the DMCA, as well as all other communications addressed to us relating to this Agreement, should be sent HR Acuity, LLC, 23 Vreeland Road, Suite 220, Florham Park, NJ 07932, with a copy to Fridman Law Group, PLLC, by email to firstname.lastname@example.org. We strongly recommend that you consult your legal advisor before filing a notice. Also, please be aware that penalties may apply for false claims under the DMCA.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HR ACUITY, ITS AFFILIATES, DIRECTORS, EMPLOYEES OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THESE SERVICES. UNDER NO CIRCUMSTANCES WILL HR ACUITY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, HR ACUITY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF PLATFORM CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IF, FOR ANY REASON, HR ACUITY IS DETERMINED TO HAVE FINANCIAL LIABILITY TO YOU, THE TOTAL LIABILITY SHALL NOT EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF HR ACUITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
HR Acuity is not in the business of providing legal, regulatory, tax, financial, accounting, employment, or other professional services or advice. Any information provided by HR Acuity via the Services or otherwise is meant for informational purposes only and should not be interpreted as professional advice. Certain educational information that you may find or receive through HR Acuity may not be the right fit for your particular situation. We request that you not rely solely on the information you receive through HR Acuity to make decisions, and we strongly suggest that you consult with other advisers or gather additional information pertaining to your particular circumstances before doing so. No part of this Agreement is intended or shall be construed as legal advice. HR Acuity shall not be liable for an errors or omissions in the content of this Agreement or for any actions taken in reliance thereon.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HR ACUITY, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE PLATFORM CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. USERS IN STATES OR JURISDICTIONS THAT DO NOT ALLOW EXCLUSIONS OF IMPLIED WARRANTIES MAY HAVE DIFFERENT LEGAL RIGHTS, WHICH MAY VARY BY JURISDICTION. IN SUCH STATES OR JURISDICTIONS OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW
HR Acuity reserves the right to change the terms, conditions, and notices under which it offers the Services at any time and without notice, and such modifications will be deemed effective immediately upon posting. You are responsible for regularly reviewing this Agreement and any changes made to this Agreement. You can review the most current version of this Agreement at any time at https://hracuity.com/terms-of-use.
HR Acuity is not responsible or liable for any delays or failures in performance from any cause beyond HR Acuity’s control, including, but not limited to, acts of God, changes to laws or regulations, embargoes, wars, terrorist acts, acts or omissions of third-party technology providers, riots, fires, earthquakes, floods, power outages, strikes, weather conditions, acts of hackers, acts of internet service providers, acts of any other third party, or acts or omissions of User.
Without limiting the generality of the foregoing, the Platform Content and the Services rely on third-party technology and services for web hosting services. Any change to the products or services offered by any of these third-party providers may materially and adversely affect, or entirely disable, User’s use of or access to the Platform Content and the Services. Likewise, HR Acuity cannot guarantee that any content hosted on a third-party server will remain secure.
A. Governing Law. You agree that the Services shall be deemed passive and do not give rise to personal jurisdiction over HR Acuity, either specific or general, in jurisdictions other than the state of New Jersey, United States of America. This Agreement shall be governed by the internal substantive laws of the State of New Jersey, without respect to its conflict of laws principles. Any claim or dispute between you and HR Acuity that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in Union County, New Jersey.
B. Entire Agreement/Severability. This Agreement, together with any other legal notices and agreements published by HR Acuity via the Services, shall constitute the entire agreement between you and HR Acuity concerning the Services. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
C. Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by HR Acuity without restriction.
D. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and HR Acuity’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
Please contact us at 888-598-0161 or email@example.com with any questions regarding this Agreement.