Acceptance of Terms
A. Industrial Relations Counselors, Inc. (referred to as “the Company,” “us” or “we”), provides the IRC4HR.org website (the “Site”), which includes descriptions of past and ongoing research funded by the Company, research reports, and information about our collaboration with thought leaders and our ongoing development of knowledge and practice relating to human relationships in industry, commerce, education, and government organizations (collectively, the “Information”). Your use of the Site and Information is subject to your compliance with the following Terms and Conditions of Use (these “Terms”).
B. We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review the Site and these Terms. Your continued use of the Site and Information after such modifications will constitute acknowledgement and acceptance of the modified Terms.
C. As used in these Terms, references to our “Affiliates” include our affiliated companies, officers, trustees, suppliers, grantees and research collaborators, and include (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or the Information and other content available on this Site.
D. BY USING THIS SITE AND INFORMATION ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, OR INFORMATION AVAILABLE ON THIS SITE, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR INFORMATION.
Information
A. Information. The Company provides Information to users on its Site.
B. No Guarantee. Although the Company works hard to provide quality and accurate Information, you understand and acknowledge that we cannot promise or guarantee the accuracy of the Information available on this Site.
C. Temporary Interruptions. You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Information. You agree that the Information available on this Site is provided “AS IS” and that we assume no responsibility for timeliness, deletion, mis-delivery or failure to store.
Third-Party Sites and Information
This Site may redirect or link to other websites, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable third parties, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the third party website or third party by us, or any warranty of any kind, either express or implied.
Company Intellectual Property
A. Content. For purposes of these Terms, “content” means any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Site and is owned by the Company or its Affiliates.
B. Ownership of Content.
1. By accepting these Terms, you agree that all content presented to you on this Site is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of Company or its Affiliates.
2. IRC4HR is a registered trademark of Company.
3. All custom graphics, icons, logos and service names are registered trademarks, trademarks or service marks of the Company or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of Company or its Affiliates.
C. Limitations on Use of Content. Except for a single copy made for personal use, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this Site in any form or by any means whatsoever without prior written permission from us. Any unauthorized use of Site content violates our intellectual property interests and could result in criminal or civil penalties.
D. No warranty for Third-Party Infringement. Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.
Content You Create
A. Your Intellectual Property Rights. Subject to our Privacy Policy (located at http://irc4hr.org/privacy), any communication or material that you transmit to us, whether by email or other means, for any reason, will be treated as non-confidential and non-proprietary user content (“User Content”).
B. Confidential Information. As stated above, all communications sent by you to us will be treated as non-confidential and non-proprietary (subject to our Privacy Policy). Please do not submit confidential or proprietary information to us (including patentable ideas or new content suggestions) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by the Company and will not be returned to you.
Disclaimer
A. All content and information on this site is provided on an “as is” and “as available” basis without warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that (a) the content or information will meet your requirements, (b) the content, information or site will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the content or information offered will be effective, accurate or reliable, or (d) the quality of any content or information purchased or obtained by you from the site from us or our affiliates will meet your expectations or be free from mistakes, errors or defects.
B. This site could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the content and information on this site at any time without notice. The content available at this site may be out of date, and we make no commitment to update such content.
C. The use of the information or the downloading or other acquisition of any content through this site is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system or loss of data that results from such activities.
D. We make no warranty regarding any transactions executed through a third party, or in connection with this site, and you understand and agree that such transactions are conducted entirely at your own risk. Any warranty that is provided in connection with any information or content available on or through this site from a third party is provided solely by such third party, and not by us or any other of our affiliates.
E. We reserve the sole right to either modify or discontinue the site, including any information or features therein, at any time with or without notice to you. We shall not be liable to you or any third party should we exercise such right. Modifications may include, but are not limited to, the addition of free or fee-based services, or changes to limitations on allowable content, file sizes or file types. Any new features that augment or enhance the then-current information on this site shall also be subject to these terms of use.
F. Some states or jurisdictions do not allow the exclusion of certain warranties, so some of the above limitations may not apply to you. Please consult the laws in your own jurisdiction.
Limitation of Liability & Indemnification
A. Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of this Site shall be limited to the amount (if any) you paid us for Information purchased on the Site.
B. In no event shall we or our affiliates be liable to you or any third party for any damages whatsoever, including, without limitation, those resulting from loss of use, data or lost profits, whether or not we have been advised of the possibility of such damages, nor shall we be liable to you or any third party on any theory of liability arising out of or in connection with the use of this site or of any website referenced or linked to from this site.
C. Further, we shall not be liable in any way for third party promises regarding our information or content.
D. Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages, so the above limitations may not apply to you. Please consult the laws in your jurisdiction.
E. You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees, that may arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
Miscellaneous Provisions
A. International Use. Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States. Those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction. Any offer for any service, and/or information made in connection with this Site is void where prohibited by law.
B. Governing Law. These Terms are governed by the laws of the State of New York, without regard to the conflicts of laws principles thereof. You hereby submit to the exclusive personal jurisdiction and venue of the New York State or federal courts sitting in New York County, New York for the resolution of any dispute arising in connection with these Terms or this Site.
C. Notices. All notices to us shall be in writing and shall be made either via email or U.S. mail. Notices to us by email must be sent to info@irc4hr.org and notices to us by U.S. mail should be sent to our address at IRC4HR c/o Law Offices of M.W. McCarthy, 362 Pacific Street, #2, Brooklyn, NY 11217. You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record. Any notice or other communication under these Terms will be deemed delivered to the party receiving such communication (1) on the delivery date if transmitted by confirmed email or (2) five business days after the mailing date, if sent by U.S. mail, return receipt requested.
D. No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Site or Information provided through this Site, beyond the limited rights granted to you under paragraph C of Article IV of these Terms.
E. Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of Information available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
F. Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
G. No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.
H. Entire Agreement. These Terms and Conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.