Terms of Service
1. ACCEPTANCE OF TERMS
Moxley & Associates Consulting, LLC www.yourhrresource.com provides a Service based Information Website. By clicking I Accept you are subject to the following Terms and Conditions of Service ("TOS"), which may be updated by us from time to time without notice to you.
2. DESCRIPTION OF SERVICE
Moxley & Associates Consulting, LLC www.yourhrresource.com provides a Service Based Information Website. This Information includes but is not limited to Human Resources Tips, FAQs, Links, HR Forms, and other information. The information located on the website is to the best of our knowledge accurate. Moxley & Associates Consulting, LLC. and its partners assume no responsibility for the accuracy of the information located anywhere on this website, or its partners websites if you travel outside of www.yourhrresource.com. If any errors are discovered, please contact us immediately so we may get them corrected.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges) for which you are responsible. In addition, you must provide for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, incomplete, or not current, or Moxley & Associates Consulting, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, Moxley & Associates Consulting, LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
4. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Moxley & Associates Consulting, LLC of any unauthorized use of your password or account or any other breach of security. (b) Use your Member ID from only one location. If you have multiple locations, an account must be created for each. Traveling Representatives will be excused from connection at multiple locations but may be contacted. Tracking by IP Address and location will determine compliance with this requirement. If this policy is breached, your account may be suspended or terminated with no refund. Moxley & Associates Consulting, LLC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.
You agree to indemnify and hold Moxley & Associates Consulting, LLC, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of any Content available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another, including consequential damage.
6. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, HR Forms, in whole or in part, use of the Service, or access to the Service. The ownership and copyright of all web content, including HR Forms, remains exclusively that of Moxley & Associates Consulting, LLC, unless otherwise noted.
7. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Moxley & Associates Consulting, LLC shall not be responsible or liable for any loss, damage, injury, death of any sort, or consequential damage incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. MOXLEY & ASSOCIATES CONSULTING, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- MOXLEY & ASSOCIATES CONSULTING, LLC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE OR INFORMATION WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM MOXLEY & ASSOCIATES CONSULTING, LLC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
- ALL PURCHASES FROM www.yourhrresource.com ARE NON-REFUNDABLE.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT MOXLEY & ASSOCIATES CONSULTING, LLC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF MOXLEY & ASSOCIATES CONSULTING, LLC, INC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
Moxley & Associates Consulting, LLC respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Moxley & Associates Consulting, LLC the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the site;
- 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;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
11. GENERAL INFORMATION
The TOS constitutes the entire agreement between you and Moxley & Associates Consulting, LLC and govern your use of the Service, superseding any prior agreements between you and Moxley & Associates Consulting, LLC You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and Moxley & Associates Consulting, LLC shall be governed by the laws of the State of Oklahoma without regard to its conflict of law provisions. You and Moxley & Associates Consulting, LLC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Cleveland, Oklahoma. The failure of Moxley & Associates Consulting, LLC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.