Last Modified: 10/18/2019
This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Use of the Services requires that you register and/or create an account (“Account”). To register and create an Account, you must select an account user ID and password and provide certain personal information. In consideration of the use of the Website and the Services provided by us, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to immediately terminate your access to the Website (or any portion thereof) or Services.
You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password. You agree to (a) immediately notify us of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. We will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with the above clauses (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.
If you are opening up an Account on behalf of an entity (e.g., an Employer or an Independent Recruiter (as defined below)), you represent and warrant that: (i) you are duly authorized to act for and on behalf of the entity with respect to the Account, including the posting of Employment Opportunities (as defined below); (ii) you are authorized to make any and all payments due us with respect to that account; (iii) you are authorized to receive any and all amounts to be paid by us to that Account and (iv) all information provided by you with respect to the entity and the Account will be true and accurate. You agree that you will not use the Account for any purposes other than representation of the entity.
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not:
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: Support@myhradvisor.com.
For employers (“Employers”) using the Services and the Website, you agree to use the Services and the Website solely to look for potential candidates for specific jobs, positions or opportunities for employment (each, an “Employment Opportunity”) and for no other purposes. Furthermore, you agree that you will not take any action which imposes an unreasonable or disproportionately large load on the Website infrastructure; or contact the Website’s users (e.g., other Employers, Independent Recruiters (as defined below), Employment Opportunity candidates, etc.) through unsolicited e-mail, telephone calls, mailings or any other method of communication to sell goods or services other than Employment Opportunities contemplated by you or our users.
Note that if you are an Employer or otherwise make use of the resumes that are provided on the Web Site to fill any job, position or opportunity for an Employment Opportunity, you must agree to pay the applicable fees as set forth below in “Consideration” in order to use the Services.
The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Additionally, you agree not to:
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, video interviews and other interactive features (collectively, “Interactive Services”) that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website.Consideration
We are pleased that you have chosen to visit MYHRADVISOR.COM to procure human resource advisory, compliance and consulting services.
Our fees for services are based either on the actual time we spend on the engagement or a flat subscription fee to which we have both agreed. The Invoice shall set forth the fee structure and date when such fees are due and payable.
We do our best to see to it that our clients are satisfied not only with our services but also with the fees charged for those services. Whenever you have any questions or comments regarding our services or fees, you should contact us at Support@myhradvisor.com. We also encourage you to inquire about any matters relating to our fee arrangements or monthly statements that are in any way unclear.
Your use of our website confirms our mutual understanding of the terms and conditions governing the engagement of our services.
Indemnification: Except for fraud, and intentional misrepresentation by the Consultant, the Company shall indemnify, defend, and hold harmless, the Consultant, and its directors, officers, managers, members, shareholders, employees, consultant’s, and contractors (collectively, the “Indemnified Persons”) harmless from and against all losses, claims, damages, expenses, and liabilities, as the same are incurred (including the reasonable fees and expenses of counsel), relating to or arising out of this Agreement or Consultant’s role in connection therewith or arising out of the Consultant’s performance of its duties hereunder, and any and all decisions, actions, or inactions made by the Company, whether or not from advice of the Consultant, including without limitation, the use of any documents provided by the HR Advisor or information provided by the Consultant. Company will reimburse the Indemnified Persons for all reasonable expenses (including out-of-pocket expenses and reasonable attorneys’, accountants’ and expert witness’ fees and expenses) as they are incurred by the Indemnified Persons in connection with investigating, preparing or defending any such action or claim, whether or not in connection with pending or threatened litigation in which HR Advisor or any Indemnified Person is a party.
Disclaimer of Warranty: HR ADVISOR MAKES NO WARRANTY AND/OR GUARANTEE OF ANY KIND IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING WITHOUT LIMITATION WITH RESPECT TO ANY INFORMATION, SERVICES OR MATERIALS PROVIDED OR MADE AVAILABLE BY HR ADVISOR HEREUNDER. HR ADVISOR HEREBY DISCLAIMS ANY AND ALL WARRANTIES AND/OR GUARANTEES EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES AND/OR GUARANTEES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, HR ADVISOR MAKES NO WARRANTY AND/OR GUARANTEE AS TO THE LIKELIHOOD OF APPROVAL, ENDORSEMENT, ACCEPTANCE, AGREEMENT, AND/OR CONCURRENCE OF THE CONTRACTED SERVICES BY THE NATIONAL LABOR RELATIONS BOARD, ANY STATE REGULATORY AGENCY AND/OR ANY SELF-REGULATORY ORGANIZATIONS.
Limitation of liability: NEITHER PARTY SHALL BE LIABLE TO THE OTHER PURSUANT TO THIS AGREEMENT FOR AMOUNTS REPRESENTING LOSS OF PROFITS, LOSS OF BUSINESS OR INDIRECT, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF THE OTHER PARTY EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Independent Contractors: It is expressly agreed that the Company and the HR Advisor shall be independent contractors and that the relationship between the Company and the HR Advisor shall not constitute a partnership, joint venture or agency. Neither the Company nor the HR Advisor shall have the authority to make any statements, representations or commitments of any kind, or to take any action, which shall be binding on the other party, without the prior consent of such other party.
Subcontractors: HR Advisor may use the personnel, resources, products, services, and/or intellectual property of other person(s) and/or entities (collectively, “Subcontractors”) in completing this engagement or providing products and services to the Company.
Confidential Information: The Parties acknowledge and agree that in the course of the discharge of their duties hereunder, the Parties shall have access to and become acquainted with information concerning the operation and processes of each other, including without limitation, financial, personnel and other information that is owned by that Party, is regularly used in the operation of its business, and is not known to others in their respective industries (“Confidential Information”). The Parties specifically agree that they shall not misuse, misappropriate, or disclose any such Confidential Information, directly or indirectly, to any other person or use them in any way, either during the term of this Agreement or at any other time thereafter, except as is required in the course of their duties hereunder. Both Parties shall take all reasonable measures to maintain strict confidentiality of any and all of the other Party’s Confidential Information.
Consent to Electronic Communications: In order to maximize our efficiency, we intend to use state of the art communication devices to the fullest extent possible (e.g., e-mail, document transfer by computer, cellular telephones, iPhones, iPads, facsimile transfers and such other devices which may develop in the future). The use of such devices under current technology may place your confidences and privileges at risk. For example, any email that is sent to you or by you may be copied and held by various computers it passes through as it goes from us to you or vice versa. Persons not participating in our communications may intercept our communications by improperly accessing your computer or our computers or even some computer unconnected to either of us which the email passed through. However, we believe the efficiencies involved in the use of these email and other electronic devices outweigh the risk of accidental disclosure. By agreeing to these terms, you consent to the use of these electronic communication devices and methods. We have various means of confidential document delivery which are sponsored by third-parties and have security features such as password protection or use links requiring a download from a site from which you retrieve documents. Should you prefer this method of document delivery, please let us know.
Fees: Our general policy is to set forth the fees for service in an Invoice provided to you by My HR Advisor, LLC. The Invoice may set forth a flat fee for services or an hourly-based fee on the basis of a rate for each HR Advisor and assistant engaged in providing such services, multiplied by the number of hours (or fractions thereof) devoted to rendering such services by each of such persons. The hourly billing rates may be adjusted periodically. A rate sheet is available upon request. Any services provided outside of the scope of work set forth in the client’s subscription plan shall be billed hourly at the then current hourly rate.
Charges: Our fees are due and payable upon receipt. We reserve the right to charge a late payment penalty in the form of interest at the rate of 1% per month on any statements not paid.
Electronic Billing and Payment of Fees and Costs: We use an electronic billing system. You will receive your invoices through your client portal or at the email address you have provided to us. We will not send paper invoices unless you specifically request a paper invoice. When you receive an email with your invoice you will have the ability to either pay online through our website or by check.
File Closure: When more than three (3) months have elapsed from the last time that you requested, or we furnished, a billable service for you, and we are not handling any pending matters our client relationship will be considered terminated as to prior matters, unless we otherwise agree.
Communication Policy: We will endeavor to respond to your communications within forty-eight (48) business hours. You agree that in all cases, while we will make an attempt to respond to your communications within two (2) business days, unforeseen and uncontrollable circumstances may cause us to exceed this time period. Because of the nature of our work, it is also important that you respond to our communications promptly and hereby request you honor the same two (2) business days policy we have in place when responding to us. We will endeavor to provide you services in a cost-effective manner while maintaining our high standards of quality work, prompt and courteous service, and professional decorum. Upon your request, we will estimate, in advance, the costs and fees which we expect to incur in completing our services. Moreover, we will endeavor during the course of our work to advise you promptly if we find that the issues are more complex or difficult than anticipated, and that the estimates must be raised.
No Accord and Satisfaction: No statement on a payment check from you or in a letter accompanying a payment check from you is binding on the Consultant. You agree that we may, with or without notice to you, negotiate such check without being bound by the conditions of any such statement. If you pay any amount other than the actual amount due to us, receipt of collection of such partial payment does not constitute an accord and satisfaction. You agree that we may retain such partial payment, whether restrictively endorsed or otherwise, without prejudice to our right to collect the balance properly due.
Force Majeure: If we are delayed or prevented from performing any obligation to you by Force Majeure, our performance of such obligation will be excused for a period equal to (a) the duration of the Force Majeure event, or (b) the period of delay actually caused by the Force Majeure event, if longer than the duration of the Force Majeure event. We will endeavor to provide you with written notice within ten (15) days of the occurrence of any event of Force Majeure.
Severability: If any provision, requirement or obligation of this Agreement is deemed unlawful or unenforceable by any court, we agree the remainder of the Agreement shall remain in full force and effect, as though the unlawful or unenforceable portion were removed, so long as the remainder of the Agreement conforms essentially to the initial agreement of both of us.
Assignment/Amendment: The Company shall not assign any rights, responsibilities, and obligations set forth in this engagement letter, except with the express written consent of the Consultant. No modification of or amendment to this Agreement shall be valid unless the modification or amendment is in writing and is signed by both Parties. The failure or delay of a Party at any time to require performance of any provision of this Agreement or to exercise its rights with respect to any provision of this Agreement shall in no manner operate as a waiver of the right, or affect such Party’s right at a later time to enforce this Agreement.
Applicable Law/Jurisdiction/Venue: Even though the HR Advisor has offices and transacts business in numerous locations, our relationship shall be governed by Florida law, without effect to any conflicts of law provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Florida. Any right arising out of, this engagement shall be brought in Hillsborough County Circuit Court in the State of Florida, or, if jurisdiction can be acquired, in the United States District Court, Middle District in the State of Florida, and the parties consent to the jurisdiction of such courts (and the appropriate appellate courts) in any such action or proceeding and waive any objection to venue laid therein.
Attorney’s Fees: In the event of any action to enforce the terms of this engagement, the prevailing party shall be entitled to recover its attorney’s fees and court costs from the non-prevailing party.
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Your My HR Advisor subscription (monthly or annually) will continue until terminated. Unless you cancel your subscription before your billing date, you authorize us to charge the subscription fee for the next billing cycle to your Payment Method.
You can cancel your subscription at any time, and you will continue to have access to the service through the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial subscription periods. . If you cancel your membership, your account will automatically close at the end of your current billing period.
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Website may provide certain social media features that enable you to:
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the state of Florida in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
This website is operated by My HR Advisors, Riverview, Florida 33579.
All other feedback, comments, requests for technical support and other communications relating to the Website should be directed to: Support@myhradvisor.com