Terms of Service
This Terms of Service Agreement (“Agreement”) is made between VivaHR.com, LLC (“Company”) and any person (collectively “you”, “your” or “I”) who completes the registration process to open and maintain an account as an Employee or an Employer using the site VivaHR.com.
BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING, USING OR INSTALLING ANY PART OF THE SITE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT YOU SHOULD NOT ACCESS OR USE THE SITE.
1. The Service and Registration
a. Description. The services provided on the site are proprietary to Company and is protected by intellectual property laws and international intellectual property treaties. Your access to the Service is licensed and not sold. The Company agrees to provide you with non-exclusive access to or use of the Service, consisting of access to web pages for the sole purpose of searching for Employers and/or Employees, subject to the terms and limitations set forth in this Agreement.
b. Accessibility. You acknowledge that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Company may undertake from time to time; or (iii) causes beyond the control of Company or which are not reasonably foreseeable by Company.
2. Representations and Warranties
You represent and warrant to Company that: (a) you are 18 or older and have the power and authority to enter into and perform your obligations under this Agreement; (b) you will comply with all terms and conditions of this Agreement, including, without limitation, the Acceptable Use Policy set forth at Section 3; and (c) you have provided accurate and complete registration information, including, without limitation, your legal surname and legal given name, your email address and your zip code (if you are an Employee seeking employment) and/or your company name, company address, email address, and phone number (if you are an Employer seeking Employees).
3. Acceptable Use Policy
You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the site, which includes, without limitation to: (a) disseminate or transmit unsolicited messages, chain letters or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) disseminate or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) create a false identity or to otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (f) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Service or any other computer network; (g) disseminate or transmit viruses, trojan horses or any other malicious code or program; or (h) engage in any other activity deemed by the Company to be in conflict with the spirit or intent of this Agreement.
a. Security. You are solely responsible for the security, confidentiality and integrity of all messages and the content that you receive, transmit through or store on the site. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the site with your password.
c. No Refund. This Site uses a prepaid payment structure where Employers pay prior to posting jobs for potential Employees and/or before potential Employees are allowed access to the information. Any prepaid amounts are non-refundable regardless of whether you actually post any jobs or successfully locate, hire, otherwise engage any potential Employee(s) through use of the site.
This Agreement is effective upon your acceptance as set forth herein and shall continue in full force until terminated. You may terminate this Agreement at any time and for any reason, however all prepaid amounts are non-refundable. Company reserves the right, in its sole discretion and without notice, at any time and for any reason, to: (a) remove or disable access to all or any portion of the site; (b) suspend your access to or use of all or any portion of the site; and (c) terminate this Agreement.
6. Disclaimer of Warranties
THE SITE AND ALL SERVICES ASSOCIATED WITH IT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT THE USE OF THE SITE IS AT YOUR SOLE RISK. COMPANY DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES COMPANY MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE. SPECIFICALLY, COMPANY DOES NOT WARRANT THAT YOU WILL FIND EMPLOYMENT OR THAT YOU WILL FIND AN EMPLOYEE AS A RESULT OF USING THIS SERVICE. COMPANY MAKES NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SITE AND SERVICES ASSOCIATED WITH IT.
7. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT. YOUR SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICE AND TERMINATE THIS AGREEMENT.
You agree to indemnify, hold harmless and defend Company, its shareholders, directors, officers, employees and agents from and against any action, cause, claim, damage, debt, demand or liability, including reasonable costs and attorney’s fees, asserted by any person, arising out of or relating to: (a) this Agreement; (b) your use of the site, including any data or work transmitted or received by you; and (c) any libelous, slanderous, indecent or other statement concerning any person made or republished by you.
a. Law. This Agreement shall be governed by the laws of the State of Arizona and the United States without reference to conflicts of laws.
b. Amendment. Company shall have the right, at any time and without notice, to add to or modify the terms of this Agreement, simply by posting such amended terms herein. Your access, link to or use of the Service after the date such amended terms are delivered to your account with the Service shall be deemed to constitute acceptance of such amended terms.
c. Waiver and Severability. No failure, delay in exercising or enforcing any right or remedy hereunder by Company shall constitute a waiver of any other right or remedy, or future exercise thereof. If any provision of this Agreement is determined to be invalid under any applicable statute or rule of law, it is to that extent to be deemed omitted, and the balance of the Agreement shall remain enforceable.
d. Survival. The respective rights and obligations of the parties under Sections 2, 3, 4(b), 6, 7, 8 and 9 shall survive any termination or expiration of this Agreement.
10. Fees and Payments
a. Payment by credit card. If applicable, Customer will provide VivaHR.com with valid and updated credit card information or bank account information. Customer authorizes VivaHR.com to charge Customer’s credit card or bank account for all fees payable at the beginning of the Initial Subscription Term and all subsequent Billing Periods. Customer further authorizes VivaHR.com to use a third party to process payments, and consents to the disclosure of its payment information to such third party.
b. Payment against invoice. If applicable, VivaHR.com will invoice Customer at the beginning of the Initial Subscription Term and at the beginning of each subsequent Billing Period. All amounts invoiced hereunder are due and payable within thirty (30) days from the date of the invoice. Payment instructions shall be as set out on VivaHR.com’s invoice.
c. Payment Information. Customer shall ensure that all details provided regarding the Customer’s contact information, billing information and credit card information, where applicable, are correct and undertakes to promptly update such information when changes to such information occurs. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Subscription Term.
d. Sales Taxes. All quoted prices and fees are exclusive of sales, value added and similar taxes, which VivaHR.com will charge or invoice as applicable, and Customer agrees to pay any such taxes applicable to its use of the Subscription.
11. Subscription Term and Renewal
a. Initial Subscription Term. The initial subscription term shall begin on the effective date of Customer’s subscription and expire at the end of the period selected during the subscription process (“Initial Subscription Term”), unless earlier terminated in accordance with this Agreement.
b. Renewal Subscription Term. Unless either party gives the other written notice that it does not intend to renew the subscription at least thirty (30) days in advance of the end of the Subscription Term, this Agreement will be automatically renewed for a period equal to the shorter of the Initial Subscription Term or one year (“Renewal Subscription Term”). The Renewal Subscription Term shall be: (i) on the then-current terms and conditions of this Agreement. Should Customer decide not to renew, Customer may send the notice required by this Section 11(b) by email to billing@VivaHR.com.
c. End of Subscription Term. The Subscription Term shall end on the earlier of the applicable expiration date or its earlier termination as provided in this Agreement. Except as provided herein, a Subscription Term cannot be canceled before its expiration. Fees for each Subscription Term are non-cancelable and non-refundable, except as specifically provided for in this Agreement.