Revised: July 27, 2023
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE HRCATALYST SITE. These Terms and Conditions ("Terms", "Terms and Conditions") of HRCatalyst, Inc., a Georgia corporation and/or its subsidiary and affiliated entities (collectively, "HRCatalyst", "us", "we", or "our"), govern your access to and use of the HRCatalyst website services, including the various mobile applications, websites, SMS, APIs, email notifications, applications, buttons, widgets, features, ads, and commerce services, that are operated by HRCatalyst and link to these Terms (collectively, the "Website Services"), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as "Content"). By using the Website Services, you agree to be bound by these Terms.
The Website Services expressly include any HRCatalyst top-level-domain as well as any HRCatalyst redirects to HRCatalyst branded areas and sub-domains of third-party websites (as such websites and top-level-domains may be renamed from time to time). These Terms do not apply to any portion of the Website Services, if any, that have their own terms and conditions or terms of use.
Your access to and use of the Website Services is conditioned upon your acceptance of and compliance with these Terms. You may use the Website Services only if you are a person not barred from receiving services under the laws of the applicable jurisdiction. These Terms apply to all visitors, users and others who wish to access or use the Website Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words "you" and "your" as used in these Terms shall refer to such entity.
Think of these Terms and Conditions as rules for your use and any interaction with the Website Services. If you are a minor, please be sure to get your parents or legal guardians to review and discuss these rules with you, and get their permission, before using the Services, but acknowledge that the Website Services are not intended for minors nor are they directed at any person under the age of 16.
Other terms may apply to your use of a specific portion of the Website Services. If there is a conflict between these Terms and Conditions and terms posted for a specific portion of the Website Services, the latter terms apply to your use of that portion of the Website Services.
By using the Website Services, you acknowledge that you have read these Terms and agree to be legally bound by these Terms. You also acknowledge that these Terms are supported by reasonable and valuable consideration, which includes your use and enjoyment of the Services.
IF YOU DISAGREE WITH ANY PART OF THESE TERMS AND CONDITIONS, THEN YOU DO NOT HAVE PERMISSION TO ACCESS THE WEBSITE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OR ACCESS THE WEBSITE SERVICES.
If you have any questions about these Terms and Conditions, please contact us here.
Privacy Policy
To understand how and what information we collect, and how we may use or disclose such information, please carefully read our Privacy Policy. By using the Website Services, you acknowledge that you have read our Privacy Policy and consent to our privacy practices. You further affirm your consent by viewing, using, or referring to the Website Services, using the "Contact Us" inquiry box found within the Website Services or otherwise interacting or accessing the Website Services.
Communications
By using the "Contact Us" inquiry box, you acknowledge, understand, and give permission for us to respond reasonably to your inquiry by email, phone, or other means of communication identified by you. By using the "Contact Us" inquiry box, you are acknowledging that you are not subscribing to any services or establishing a business relationship with us.
Availability, Errors and Inaccuracies
The Website Services are intended for only informational, educational, promotional, and similarly considered purposes. The content and information found on Website Services are intended to communicate and promote relevant public information or the general scope of consulting services HRCatalyst may contract to provide. The information found on the Website Services may contain errors or inaccuracies, may not be complete or current, and may not reflect how that information might be applied or relevant to you or a company. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prohibited Uses
You may not reverse engineer, disassemble, or decompile, derive code or materials from, or capture any source, scripts, layouts, design, metadata, or other information accessed through the Website Services (including, without limitation, data packets transmitted to and from the Website Services), or analyze, decipher, "sniff", derive code or materials from any packet stream to or from the Website Services, or attempt any of the foregoing. You expressly waive any legal rights you may have to do any of the foregoing, including any claim that such activities constitute "fair use" or are for "interoperability purposes" under the Digital Millennium Copyright Act.
Further, in using the Website Services, you may not:
- violate these Terms and Conditions, infringe upon our rights or the rights of others (including, without limitation, intellectual property rights, rights of privacy such as unauthorized disclosure of a person's name or email or physical address or phone number, and rights of publicity), or violate any laws;
- conduct or solicit illegal or other activity that in any way harms us or any of our affiliates and business partners;
- upload, post, email, message, or otherwise make available through the Website Services, any Content that:
- incites, advocates, or expresses pornography, obscenity, vulgarity, profanity, hatred, bigotry, racism, or gratuitous violence,
- is intended to threaten, stalk, defame, defraud, degrade, victimize, or intimidate an individual or group of individuals for any reason,
- is illegal or violates any laws, including laws related to adult activities and Content, child pornography, criminal activities, gambling, and drugs, or
- promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated music or videos or computer programs, or links to such materials;
- engage in commercial activities or sales, such as contests, sweepstakes, barter, advertising, or the buying or selling of "virtual" items, without our prior written permission;
- disguise the origin of any message, communication, or transmittal you send to us through the Website Services;
- use any robot, spider, scraper, or other automated or manual means to gain unauthorized or unintended access to Website Services, or copy any Content or information onto the Website Services;
- attempt to gain unauthorized access to any portion of the Website Services or any related networks or systems by hacking, password "mining", or any other illegitimate means;
- probe, scan, test the vulnerability of or breach the authentication measures of, the Website Services or any related networks or systems;
- modify or reroute or attempt to reroute the Website Services;
- link to the Website Services from any unsolicited bulk messages or unsolicited commercial messages ("spam");
- utilize framing, squeeze back, overlay or other techniques to enclose or display the Website Services or any Content on the Website Services, with any other software or Content of a third-party; or
- take any action that places a disproportionately large load on the Website Services or any related networks or systems.
We reserve the right, but not the obligation, to investigate and take appropriate legal action against anyone who we believe is violating these Terms, including without limitation, removing any materials from the Website Services.
Third Parties
The Website Services may contain:
- references to names, marks, data, Content, products, or services of third parties;
- links to third party websites; and
- descriptions of services and products provided by third parties.
These references, links, and descriptions are provided solely for your convenience. By including these references, we do not endorse these parties, their content, or any products and services they offer. These parties are not under our control and we are not responsible for them, or the operation and availability of their websites. All disclaimers and other notices associated with such materials shall apply and supplement these Terms and Conditions as to the individual content. You are responsible for knowing when you are leaving the Website Services to visit a third-party website, and for reading and understanding the terms of use and privacy policy statements for each such third-party website.
If you choose to deal with third parties, you agree that you have a direct relationship with them and are solely responsible for any such dealings. If you have concerns with any third-party website, please address them with the administrator of that website.
Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content on the Website Services infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.
If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your inquiry or claim here and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims."
You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims regarding the infringement of any Content found on and/or through the Website Services on your copyright.
DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest;
- a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
- identification of the URL or other specific location on the Services where the material that you claim is infringing is located;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Intellectual Property
The Website Services and the Content, features and functionality are and will remain the exclusive property of HRCatalyst, and its licensors. The Website Services are protected by copyright, trademark, and other laws of both the United States of America and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of HRCatalyst.
Links To Other Websites
The Services may contain links to third-party websites or services that are not owned or controlled by HRCatalyst.
HRCatalyst has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that HRCatalyst shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party websites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
Termination
We may terminate, hide, or otherwise render inactive and inaccessible any and all parts of the Website Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation.
All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
Indemnification
You agree to defend, indemnify and hold harmless HRCatalyst, and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including but not limited to attorney's fees), resulting from or arising out of (i) the use and access of the Website Services by you, or any person or organization representing you; or (ii) a breach of these Terms.
Limitation Of Liability
In no event shall HRCatalyst, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website Services; (ii) any conduct or Content of any third party on the Website Services; (iii) any Content obtained from the Website Services; and (iv) unauthorized access, use or alteration of your transmissions, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Website Services is at your sole risk. The Website Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Website 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, non-infringement or course of performance.
HRCatalyst, its subsidiaries, affiliates, and its licensors do not warrant that (i) the Website Services will function uninterrupted, secure or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Website Services are free of viruses or other harmful components; or (iv) the results of using the Website Services will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Georgia, United States of America, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Website Services and supersede and replace any prior agreements we might have had between us regarding the Website Services.
Changes and Updates to These Terms and Conditions
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least thirty (30) days' notice prior to any new terms taking effect. What constitutes a material change will be determined in our sole discretion.
By continuing to access or use the Website Services after any revisions become effective, you agree to be bound by these Terms, as these Terms are revised, amended and/or modified from time to time. If you do not agree to these Terms, as these Terms are revised, amended and/or modified from time to time, you are no longer authorized to use the Website Services.
Electronic Notices and Communications
By visiting and/or using the Website Services or sending us email, you are communicating with us electronically. By communicating with us electronically, you agree that:
- we may communicate with you electronically by email, or as appropriate, by posting general notices on the Website Services;
- all notices, disclosures, and other communications that we send you electronically satisfy any legal requirement that such communications be in writing; and
- any notices are deemed to be given and received on the date we transmit any electronic communication as described above.
Notice for California Users
This notice is for our California users: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Contact Us
If you have any questions about these Terms, please contact us here.
These Terms and Conditions are effective as of, and were last updated and posted on, July 27, 2023.
