Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE (“SITE”). USE OF THIS SITE OR THE DOWNLOADING OF MATERIALS FROM THIS SITE CONSTITUTES AGREEMENT TO THESE TERMS OF USE (“AGREEMENT”). BY ACCESSING, BROWSING AND/OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU ARE AN AUTHORIZED USER AND YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE THIS SITE OR DOWNLOAD ANY MATERIALS FROM THIS SITE.
1. Application of Terms; Updates
This site is operated and/or controlled by The Higher HR (“we”, or “us”). This Agreement pertains only to the use of this Site. This Agreement may be changed or updated without notice, and the changes and updates will apply to your use of this Site and the materials on it after such changes or updates are made. The Higher HR also may make improvements and/or changes in the services, products, programs, and/or features offered through this Site at any time, in its sole discretion, without advance notice to you. Nothing on this Site shall be interpreted as offering legal, tax, or financial advice.
You may review the current version of these terms and conditions at any time. Any changes or amendments to this Agreement will be effective upon the date updated and published on this Site. It is your responsibility to periodically check these Terms of Use for applicable changes. Your continued use of this Site following The Higher HR posting of any notice of change or amendment will constitute your agreement to such changes or amendments and to the then-current version of this Agreement.
2. Site Resources
This Site allows you to access certain resources and marketing materials regarding our business, products, and services including, but not limited to investor relations materials, community involvement initiatives, company news, blogs, webinars, podcasts, client testimonials, product and service descriptions, and job postings.
3. Intended Audience
This Site and all of the information, communications, scripting, photos, images, text, video, graphics, music, sounds, user interfaces, visual interfaces, and other materials, checklists and resources found on this Site (collectively, the “Content”) is intended for the lawful use of The Higher HR clients, employees (corporate and worksite), and members of the general public who are primarily located in the United States of America (“USA”).
Users of this site should be at least the age of majority recognized in their jurisdiction of residency. This Site is not a children’s site and The Higher HR does not solicit data from children or market to children.
This Site is controlled and operated by The Higher HR from its offices within the USA. The Higher HR makes no representations that this Site or the Content is appropriate, intended for, or available for use in other country locations. Those accessing this Site from other country locations do so at their own risk and are responsible for compliance with applicable international laws.
4. Privacy and Security
The Higher HR will be responsible for the security, confidentiality and integrity of all confidential information, including personal information, properly submitted by you to us via this Site. However, you will be solely responsible for your access and retrieval of any confidential information from this Site, and you are required to maintain the security, confidentiality and integrity of such information in your possession, in any form, whether located on a computer, server, website, email system or any other electronic system, application, or device. You agree to read and periodically review our Privacy Notice posted on this Site for information on our privacy practices and processing of personal information, and you agree to the terms of the Privacy Notice. If you are located within California, you agree to review our California Privacy Notice and agree to its terms.
5. Website Information Usage
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. Nothing on this website is intended to create, and receipt or viewing does not constitute, an attorney-client relationship. The case study and testimonial information listed on this site is intended to be representative of the work done by The Higher HR, and in certain cases, Jessica A. Green, Esq. These listings are not a guarantee or prediction of the outcome of any other matters.
6. Intellectual Property Rights and Alleged Copyright Infringement
The Higher HR and its affiliates, and its and their suppliers or licensors own all copyrights to the Content on this Site and all other intellectual property rights related to this Site, except with respect to Content you may submit. All trademarks, service marks, and trade names (collectively, the “The Higher HR Marks”) are proprietary to The Higher HR, its affiliates, or its or their suppliers or licensors. You acknowledge that You have been advised byThe Higher HR that the Content, The Higher HR Marks and all other proprietary material accessible through this Site is protected in the U.S. and internationally by a variety of laws and regulations.
When you upload, share or submit content to the Site you retain ownership of any intellectual property rights that you hold in that content and you grant to us a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, transferable, sublicensable license to (a) use, host, store, reproduce, modify, prepare derivative works (such as translations, adaptations, summaries or other changes), communicate, publish, publicly perform, publicly display, and distribute this content in any manner, mode of delivery or media now known or developed in the future.
THE UNAUTHORIZED USE, COPYING, OR DISPLAY OF ANY CONTENT FROM THIS SITE IS NOT PERMITTED. YOU MAY ONLY VIEW OR DOWNLOAD CONTENT FROM THIS SITE FOR YOUR OWN AUTHORIZED USE AND YOU MUST KEEP ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES INTACT ON THE DOWNLOADED COPY OF ANY CONTENT.
We respect the intellectual property rights of our licensors and any other third party and we comply with the Digital Millennium Copyright Act of 1988 (“DMCA”). Please review our DMCA Copyright Compliance Policy for information on how to report alleged copyright infringement appearing on our Site.
7. Forums and Postings
All posts become the property of The Higher HR andThe Higher HR may remove any objectionable messages, postings and comments from this Site or close any discussion thread for any or no reason. However, it is impossible for us to review all messages. All messages express the views of the author, and not The Higher HR. The Higher HR will not be held responsible for the content of any message, comment or information provided by any third party. The Higher HR 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.
8. Product Reviews
You should perform your own research and evaluation of the products and services offered and make your own well-informed decision before buying any products or services. The product reviews and client testimonials offered on this Site are solely the opinion of the individual reviewer who wrote the review or client who provided the testimonial. We shall have no liability whatsoever for any opinion, product or service review appearing on this Site.
9. Links to External Sites
This Site may contain links to other websites which are owned or operated by third parties, including websites owned or operated by government bodies such as the U.S. Government (“External Site(s)”). The Higher HR makes no representations whatsoever about any other site that you may access through this Site. The Higher HR is not responsible for the policies or content at External sites and The Higher HR does not control the privacy policies for External Sites. The Higher HR does not control how your information will be utilized at External Sites. Because The Higher HR has no control over such sites and resources, you acknowledge and agree that The Higher HR is not responsible for the availability of such External Sites or resources and is not responsible or liable for any content, advertising, products, services or other material on or available from such External Sites or resources. Links to External Sites are provided solely as a convenience to you. It is your responsibility to take precautions to ensure that whatever External site you select for your use is free of such items as viruses, worms, Trojan horses, or other items of a destructive or disruptive nature. It is also your responsibility to read the terms of use and the privacy policies that may appear on such External Sites and to determine for yourself whether you are willing to assent to such terms or policies. References on this Site to any names, marks, products or services of any third parties or to hypertext links to External Sites are provided solely as a convenience to you and are the property of their respective owners. Unless otherwise expressly stated in writing,The Higher HR makes no representation or warranty as to any third-party content, products or service, and you agree that The Higher HR will not be responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to be caused by or in connection with use of or reliance on any such third party content, products or services available through or on any External Site or third-party resource, or for any use of any personal information that you may choose to convey as you use any External Sites.
If You are interested in creating any links to this Site, you must get approval from The Higher HR Marketing Department before doing so via request to info@thehigherhr.com. In establishing links to this Site, you must not represent in any way, expressly or by implication, that your company or website has received the endorsement, sponsorship or support of this Site or The Higher HR, including its respective employees, agents, directors, officers and shareholders. You agree to remove any link to this Site immediately upon request by The Higher HR.
10. Representations and Warranties of User
User represents and warrants to The Higher HR that: (i) all information provided by User to The Higher HR is truthful, accurate and complete; (ii) all information provided by User to The Higher HR is not in violation of any governmental regulation, statute or law; and (iii) User shall comply with all terms and conditions of this Agreement.
11. Prohibited Use
Users are solely responsible for all errors, mistakes, acts and omissions that occur by the use of User’s computers or systems. User agrees not to use this Site to: (a) list, post, market, advertise, offer or sell any product or service; (b) disseminate, store or transmit chain letters, pyramids, spam or other unsolicited messages or unsolicited commercial email; (c) disseminate or transmit products, services or material that, in The Higher HR sole judgment, is abusive, obscene, pornographic, defamatory, racist, sexist, harassing, vulgar, hateful, threatening, malicious, dangerous or otherwise inconsistent with the use of this Site; (d) upload, disseminate, store or transmit files, graphics, software or other material that actually or potentially infringe the copyright, trademark, patent, trade secret or other intellectual property right of any person or entity; (e) interfere, disrupt or attempt to gain unauthorized access to this Site or to any other computer network; (f) disseminate, store or transmit computer viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other malicious code or program or items of a destructive or deceptive nature; (g) assign access rights or make the Site available to any person who is less than 13 years old, (h) engage in any other activity deemed by The Higher HR to be in conflict with the intent of this Agreement, or (i) violate any laws. These offenses are grounds for immediate refusal or termination of access to this Site.
Except as expressly provided in this Agreement, you shall not: (a) reproduce, publish, display, distribute, sell, license (unless otherwise agreed in writing by The Higher HR), transfer, rent, lease, broadcast, timeshare, loan, disclose, or otherwise make available the Site Content, or any part thereof, to any third party; (b) reverse engineer, disassemble, decompile or otherwise attempt to derive source code from the Site Content, or any part thereof; (c) modify, translate, adapt, alter or create derivative works (as defined under the United States copyright laws) based upon the Site Content or any part thereof; (d) remove any proprietary notices, labels, or trademarks or service marks on any Site Content; (e) merge the Site Content, or any component thereof with another program (unless otherwise authorized herein); (f) use the Site Content, or any component thereof, for any purposes other than those explicitly stated in this Agreement; (g) have any right to any source code for the Site; (h) use download functionality enhancement tools; or (i) make unauthorized uses of Intellectual Property Rights of the Content as provided by The Higher HR, our client companies, or applicable third party licensors.
12. Disclaimer of Warranties, Release, Limitation of Liability, and Indemnification
THIS SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED. USE OF THIS SITE IS AT YOUR SOLE RISK. THE HIGHER HR DOES NOT WARRANT OR REPRESENT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR FREE, NOR DOES THE HIGHER HR MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS, QUALITY OR LACK OF DEFECT OF ANY RESOURCE, FORM, DATA, PRODUCT OR SERVICE OBTAINED BY YOU VIA THIS SITE. THE HIGHER HR MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR REPRESENTATIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON INFRINGEMENT IN RELATION TO THIS SITE. THE HIGHER HR MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OF THIRD- PARTY WEB SITES, IF ANY, INCLUDING GOVERNMENT SITES, TO WHICH YOU GAIN ACCESS VIA THIS SITE.
YOU RELEASE THE HIGHER HR, ITS AFFILIATES, ITS AND THEIR 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. WITHOUT LIMITING ANY SEPARATE WRITTEN AGREEMENT WE MIGHT HAVE WITH YOU OR YOUR EMPLOYER, UNDER NO CIRCUMSTANCES SHALL THE HIGHER HR BE LIABLE TO YOU OR ANY OTHER PERSON 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, INCLUDING YOUR USE OF OR INABILITY TO USE THIS SITE, ANY CHANGES TO OR INACCESSIBILITY OF THIS SITE, ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO CEASE USE OF THIS SITE.
FURTHER, IN NO EVENT SHALL THE HIGHER HR TOTAL LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE EXCEED $100 AND YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE HIGHER HR, ITS AFFILIATES AND SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND LICENSORS FROM AND AGAINST ANY LOSSES, COSTS, DAMAGES, LIABILITY OR EXPENSES, INCLUDING COSTS AND ATTORNEY’S FEES, ASSERTED BY ANY PERSON, ARISING OUT OF OR RELATING TO YOUR USE OF THIS SITE IN VIOLATION OF THIS AGREEMENT.
You may have the benefit of consumer guarantees and warranties given under statute (“Mandatory Terms”). Where any statute applies to this Agreement to give you the benefit of Mandatory Terms, and that statute does not permit The Higher HR to exclude or limit the application of those Mandatory Terms (or would render void any attempt to do so), then those Mandatory Terms apply to this Agreement for your benefit, and nothing in this Agreement excludes or limits those Mandatory Terms or liability for breach of them. This applies to all of the terms of this Agreement, including any terms in relation to this Section 13.
13. Miscellaneous
a. Law. This Agreement shall be governed by the laws of the State of Nevada applicable to agreements as if made and to be performed wholly within such state, except for its provisions regarding conflicts of laws.
b. Forum and Venue. All actions, claims or disputes arising under or relating to this Agreement shall be brought in the federal or state courts located in Las Vegas, Nevada. Notwithstanding anything to the contrary in this paragraph, The higher HR may apply to a court of any other jurisdiction for injunctive or other equitable relief in respect of a breach or anticipated breach by you of this Agreement. The parties waive any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement.
c. Feedback. You agree that The Higher HR may own and use any suggestions, enhancements, requests, recommendations, survey responses, assessments or other feedback you provide through this Site to The Higher HR or its affiliates. We will have all present and future existing rights to the feedback. We will not be liable for any similarities to provide ideas that may appear in any future website design, products or services of The Higher HR or its licensors and partners. We will be entitled to use feedback that does not contain any of your personal or confidential information for any commercial or other purpose, without compensation to you or any other person.
d. Binding Arbitration and Class Action Waiver. Any claim arising out of or related to this Agreement that cannot be resolved by you and us through good faith informal negotiation within a reasonable period of time (not to exceed 30 days after written notice of a claim or dispute), will be settled by binding arbitration conducted before one neutral arbitrator, and governed by the Federal Arbitration Act, 9 U.S.C. §§ 10 and 11 (“FAA”). Notice of the demand for arbitration will be filed in writing by either party with the other party to this Agreement and with the American Arbitration Association (the “AAA”). The demand for arbitration will be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event will any such demand be made after the date when institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. The arbitrator’s decision will be final except for any applicable right of appeal or review under the FAA. Any court or jurisdiction over the parties may enforce the arbitrator’s award. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. Any arbitration will be conducted by the AAA under its Commercial Arbitration Rules. Unless otherwise agreed to by the parties, the arbitration will be held in the home jurisdiction of the party against whom arbitration is initiated, unless home jurisdiction is outside the U.S. mainland, in which case arbitration will be held in Harris County, Houston, Texas. Each party will bear its own expenses in the arbitration and will share equally the costs of the arbitration; provided, however, that the arbitrator may, in its discretion, award costs and fees to the prevailing party.
e. Entire Agreement. This Agreement constitutes the complete statement of the agreement between The Higher HR and you with respect to your use of this Site and supersedes any prior or contemporaneous communications, negotiations, representations, statements and understandings, whether oral or written, between the parties concerning this Site.