Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING HR U CAN TRUST.COM. This site and all content, information and services accessible through it (“HR U CAN TRUST.COM”) is made available by HR U Can Trust, Inc, an Illinois corporation, (“HR U Can Trust”), and may be used, and services will be offered, only under the following terms and conditions.
BY ACCESSING AND USING HR U CAN TRUST.COM. YOU (“User”) AGREE TO BE LEGALLY BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN (the “Agreement”). If User is accessing and using this website or services on behalf of any group or entity, User warrants that it has all necessary authority to enter into this Agreement. If at any time User does not agree to be bound by the terms and conditions of this Agreement then User must cease using HR U CAN TRUST.COM immediately.
1. License to use HR U CAN TRUST.COM
1.1 Grant. User is granted a non-exclusive, non-transferable, revocable, limited license to access and use HR U CAN TRUST.COM on any single computer for personal, non-commercial use. HR U CAN TRUST may terminate this license without notice at any time and for any, or no, reason.
1.2 Limitations. User may not copy, download, store, publish, transmit, transfer, sell, sublicense or otherwise use HR U CAN TRUST.COM, or any portion thereof, in any form or by any means, except (i) as expressly permitted by this Agreement, (ii) with HR U CAN TRUST’s prior written permission, or (iii) if not expressly prohibited by this Agreement, as allowed under the fair use provision of the Copyright Act (17 U.S.C. § 107). User may not alter or modify information and services provided through HR U CAN TRUST.COM in any way. User may not reverse engineer, decompile, disassemble or otherwise attempt to discern the source code or architecture of the components of HR U CAN TRUST.COM, or any information about usage or users. User may not use any robot, spider, other automatic device, or manual process to access, monitor or copy HR U CAN TRUST.COM without HR U CAN TRUST’s prior written permission.
1.3 Intellectual Property Rights. Unless otherwise explicitly noted, all elements of HR U CAN TRUST.COM including, but not limited to, text, articles, logos, trademarks, graphics and overall “look and feel” are the property of HR U CAN TRUST. Nothing herein shall be construed to confer any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights either now or in the future. User acknowledges that HR U CAN TRUST.COM is protected by copyrights, trademarks, service marks, patents and other proprietary rights and laws.
3. Publication and Use of Interactive Services.
Certain sections of HR U CAN TRUST.COM require registration to access and use information and services. If User elects to register, User agrees to provide HR U CAN TRUST with accurate, complete registration information. User will inform HR U CAN TRUST of any changes to registration information. User warrants that registration is for a single person only, and that User will not permit anyone other than User to access and use sections of HR U CAN TRUST.COM requiring registration using User’s name and password. User will not access or use HR U CAN TRUST.COM under the User name of another individual. User is responsible for all access to and use of HR U CAN TRUST.COM through User’s name and password, including access of any services the use of which results in monetary charges to User, whether or not User has knowledge of or authorizes such access and use. User will notify HR U CAN TRUST immediately of any unauthorized use of User’s name and password, if User suspects the privacy of User’s name and password has been jeopardized, or if User believes that another individual has fraudulently represented themselves as the User or as being associated with User or User’s organization.
1. License to use HR U CAN TRUST.COM
3.1 Grant of License. By publishing, uploading, submitting or distributing any messages, data, information, text, graphics, links, or other materials (“Posted Materials”) to HR U CAN TRUST.COM, including messages posted on message boards and materials published in directories on HR U CAN TRUST.COM, User automatically grants, or warrants that the owner of the following rights has expressly granted HR U CAN TRUST a perpetual, fully-paid, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, sublicense and sell Posted Materials, and incorporate Posted Materials into any medium or technology, now known or later developed.
3.2 Lawful Use Only. User will not publish, upload, submit or distribute any Posted Materials on HR U CAN TRUST.COM which are unlawful, deceptive, misleading, or abusive in any way, including but not limited to Posted Materials that are defamatory, libelous, pornographic, obscene, threatening, indecent, invasive of privacy or publicity rights, hateful, or would constitute or encourage a criminal offense, violate the rights of any party, contain any corrupted data or malicious code that may impair or alter the appearance or functionality of HR U CAN TRUST.COM, or give rise to liability or violate any local, state, federal or international law or regulation, or the rules of any securities exchange such as the New York Stock Exchange or NASDAQ, either intentionally or unintentionally. HR U CAN TRUST may delete any of User’s Posted Materials at any time, without prior notice or User’s permission and at HR U CAN TRUST’s sole discretion.
3.3 Posted Materials Attributed & Truthful. On certain sections of HR U CAN TRUST.COM Posted Materials submitted for publication on HR U CAN TRUST.COM will be accompanied by User’s name and shall not be submitted anonymously. User warrants that such Posted Materials will not misrepresent or obscure his or her identity or affiliation with any person or entity. Furthermore, User warrants that it will not, by any method or action, directly or through a third party seek to artificially enhance, degrade, or otherwise manipulate the recommendations or endorsements of any User, individual, or group on HR U CAN TRUST.COM, including User’s own.
3.4 No Obligation to Monitor. HR U CAN TRUST.COM has no obligation or intent to edit, monitor or screen Posted Materials and is not responsible for the content in, or linked to or from, Posted Materials. HR U CAN TRUST may, and retains the right to, examine HR U CAN TRUST.COM for adherence to the Agreement and remove any materials that may be objectionable, violate the Agreement, or law, but expressly disclaims any and all warranties or representations that it will do so in any specific instance. By using HR U CAN TRUST.COM, User acknowledges and agrees that HR U CAN TRUST is under no obligation to monitor, edit, or remove any Posted Materials solely upon User’s insistence.
3.5 Commercial Use Prohibited. Services on HR U CAN TRUST.COM that allow User to contact, communicate or interact with other users; or with HR U CAN TRUST or HR U CAN TRUST affiliates and customers (“Interactive Services”); are provided to User solely for personal use. User will not include any advertising, promotion, solicitation for goods, services or funds, or solicitation for anyone to become members of a commercial enterprise or organization in Posted Materials delivered through Interactive Services without the express written permission of HR U CAN TRUST.
3.6 Client Relationship & Confidentiality. User acknowledges that no client relationship is, or will be, formed through accessing HR U CAN TRUST.COM, and that User has no expectation of privacy or confidentiality of communications occurring though website posts, blogs etc. HR U CAN TRUST.COM will never contact your employer or any third party with respect to your inquiries without your prior written permission unless you share information that leads HR U Can Trust, Inc. to believe you may harm yourself or others, or as otherwise required by law.
4. User Ethics & Practice.
If User is a licensed professional participating in any aspect of HR U CAN TRUST.COM, including but not limited to Interactive Services, User acknowledges that the Rules or Codes of Professional Conduct (“Rules”) of the jurisdictions in which User is licensed apply to all aspects of User’s participation and that User will abide by such Rules User further agrees that Interactive Services will be used to provide general information only, and not for the provision of legal, accounting or tax advice or the practice of any licensed profession.
5. No Practice of a Licensed Profession.
HR U CAN TRUST.COM is designed for informational purposes only. User acknowledges that under no circumstances is HR U CAN TRUST, its agents, affiliates or customers, providing professional legal, tax or accounting advice or representation through HR U CAN TRUST.COM, and that nothing on HR U CAN TRUST.COM is intended as a substitute for advice from a qualified legal, accounting or tax professional.
6. No Endorsement of Providers.
HR U CAN TRUST does not select, approve, or otherwise endorse any particular provider of services on HR U CAN TRUST.COM. Any and all such recommendations or Posted Materials are from third parties and are inherently subjective in nature, could be inaccurate or incomplete, and are difficult or impossible to verify. Therefore, HR U CAN TRUST expressly disclaims any representation or warranty that such Posted Materials are correct or reliable. UNDER NO CIRCUMSTANCE SHALL HR U CAN TRUST HAVE ANY LIABILITY TO YOU FOR ANY RELIANCE ON INFORMATION CONTAINED ON OR OBTAINED THROUGH HR U CAN TRUST.COM. SUCH RELIANCE SHALL BE SOLELY AT USER’S OWN RISK.
7. Third Party Content.
Third party content, messages and services may appear on HR U CAN TRUST.COM or may be accessible through links from HR U CAN TRUST.COM. HR U CAN TRUST is not responsible, and assumes no liability, for any mistakes, misstatements of law, defamation, slander, libel, omissions, falsehood or obscenity in the statements, opinions, representations or any other form of content contained in any third party content appearing on or accessible from HR U CAN TRUST.COM. User acknowledges that the information and opinions in the third party content are neither endorsed or controlled by, nor reflect the beliefs of, HR U CAN TRUST.COM.
8. Advertisers & Sponsors.
User acknowledges that HR U CAN TRUST.COM may contain advertising and sponsorships. Advertisers and sponsors are solely responsible for ensuring that material submitted for use on HR U CAN TRUST.COM is accurate and complies with any and all applicable laws. User agrees that HR U CAN TRUST will not be responsible for the illegality or any error or inaccuracy in advertisers’ or sponsors’ materials or for the acts or omissions of advertisers or sponsors.
9. Subscriber Agreement.
All usage of any other website as a result of linkage from HR U CAN TRUST.COM is governed by the terms of the applicable third party subscriber agreement User under which is accessing such third party website. User is responsible for all fees generated that are due to any third party when linking from HR U CAN TRUST.COM.
10. DISCLAIMER OF WARRANTIES.
HR U CAN TRUST.COM, 1Q1A AND 1:1 SERVICES (collectively “SERVICES”) ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, HR U CAN TRUST DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. HR U CAN TRUST MAKES NO WARRANTY THAT ACCESS TO HR U CAN TRUST.COM OR ANY PORTION THEREOF WILL BE UNINTERRUPTED, SECURE, COMPLETE, ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. HR U CAN TRUST DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) THE ACCESS OR USE OF HR U CAN TRUST.COM, INCLUDING BOTH HR U CAN TRUST AND THIRD PARTY CONTENT AND SERVICES DELIVERED THROUGH HR U CAN TRUST.COM, (B) THE ACCESS OR USE OF THIRD PARTY WEB SITES AND CONTENT OR SERVICES THEREIN THROUGH LINKS IN HR U CAN TRUST.COM, (C) THE UNAVAILABILITY OF HR U CAN TRUST.COM OR ANY PORTION THEREOF, OR (D) USER’S USE OF EQUIPMENT AND SOFTWARE IN CONNECTION WITH ACCESS AND USE OF HR U CAN TRUST.COM OR (E) INFORMATION SUPPLIED BY USER.
11. LIMITATION OF LIABILITY.
USER’S EXCLUSIVE REMEDY AND HR U CAN TRUST’S, ITS AFFILIATES AND/OR CONTRIBUTORS’ ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM FOR DAMAGES RELATING TO USE OF HR U CAN TRUST.COM AND ANY SERVICES WHICH ARE MADE AGAINST THEM, INDIVIDUALLY OR JOINTLY, REGARDLESS OF THE BASIS OF THE CLAIM, INCLUDING CONTRACT AND TORT, SHALL BE LIMITED TO THE AGGREGRATE AMOUNT OF CHARGES PAID BY USER RELATIVE TO THE SPECIFIC HR U CAN TRUST.COM SERVICE WHICH IS THE BASIS OF THE CLAIM DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL HR U CAN TRUST, ITS AFFILIATES AND/OR CONTRIBUTORS BE LIABLE TO SUBSCRIBER FOR ANY CLAIM RELATING IN ANY WAY TO (A) USER’S INABILITY OR FAILURE TO USE HR U CAN TRUST.COM PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY HR U CAN TRUST.COM, ITS AFFILIATES OR CONTRIBUTORS, OR ANY DECISION MADE OR ACTION TAKEN BY USER IN RELIANCE UPON HR U CAN TRUST.COM DELIVERED INFORMATION AND SERVICES; OR (B) ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO USER’S RIGHTS UNDER ANY AGREEMENT WITH HR U CAN TRUST. THIS LIMITATION APPLIES WHETHER OR NOT HR U CAN TRUST, ITS AFFILIATES AND/OR CONTRIBUTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. HR U CAN TRUST SHALL HAVE NO LIABILITY WHATSOEVER TO USER FOR ANY CLAIM RELATING IN ANY WAY TO ANY THIRD PARTY CONTENT OR FEATURE; NOR FOR ANY ACTIONS TAKEN BY ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, AND EMPLOYER OF USER.
User agrees to defend, indemnify, and hold HR U CAN TRUST, its affiliates, contractors, suppliers, directors, employees and agents harmless from any and all claims, costs, damages, judgments, and liabilities (including but not limited to reasonable attorney’s fees) made by any third party and arising from any content User posts, submits, transmits or otherwise makes available through HR U CAN TRUST.COM, User’s violation of the terms and conditions of this Agreement, or the violation of the intellectual property rights of any third party.
13. Limitation of Claims.
Except or claims relating to improper use of HR U CAN TRUST.COM, and User’s failure to pay any sums due to HR U CAN TRUST, no claim, regardless of form, which in any way arises out of this Agreement, may be made, if such claim is brought, under this Agreement more than one year after the basis for the claim becomes known to the party desiring to assert it.
14. User disputes.
User is solely responsible for its interactions with other HR U CAN TRUST.COM users. HR U CAN TRUST retains the right, but expressly disclaims any obligation, to become involved in any dispute between User and any other users of HR U CAN TRUST.COM.
15. Modifications to Terms and Conditions of Service.
HR U CAN TRUST reserves the right to modify this Agreement at any time and at its sole discretion. Updated versions of the Terms and Conditions of Service will appear on HR U CAN TRUST.COM and become the effective Agreement immediately upon publication. User is responsible for regularly reviewing the Terms and Conditions of Service. Continued use of HR U CAN TRUST.COM by User after any such modification of this Agreement constitutes User’s assent to such modifications.
16. One to One Consulting Services.
User understands that individualized one to one consulting services (1:1) are available from HR U CAN TRUST upon request by User and mutual agreement of the parties. The 1:1 consultation rates are generally a flat hourly rate and are payable at the time of service. Timing set by HR U Can Trust includes time spent communicating with the User via all forms of communication as well as conducting the necessary research required to provide the most accurate advice to the particular situation. Tracking of time used is solely up to the discretion of HR U Can Trust and not the User. Cash refunds will not be given. If a User does not use all the time purchased for a 1:1 consultation, time will be credited to the User to the nearest 15 minute increment. This credit is good toward the purchase of additional advice but will expire 12 months from the date of the initial inquiry. In order to use credit earned, proof of identify will be required by providing your Customer ID and other personal identifying information. Under no circumstance will cash refunds be given for a 1:1 inquiry. Further terms and conditions will apply at time of service. If the 1:1 consultation requires more time than was purchased, the User will be given the option to purchase additional time, or risk receiving an incomplete answer.
17. One Q One A Services.
User understands that individualized responses to specific User questions (1Q1A) are available from HR U CAN TRUST upon request by User and mutual agreement of the parties. Charges are generally flat rate and are payable at the time of service. Questions and answers are provided on-line. Under no circumstance will cash refunds or credits be given for a 1Q1A inquiry. 1Q1A is intended to handle discrete questions, and answers are based on information provided by User. Further terms and conditions will apply at time of service. If the 1Q1A inquiry requires more follow-up or more detail, User will be directed to the 1:1 Service format.
18. Entire Agreement.
This Agreement, and other terms entered into with respect to Services, such as the attached Service Descriptions, embodies the entire understanding between User and HR U CAN TRUST.
19. Force Majeure.
HR U CAN TRUST’s performance under these Terms and Conditions of Service are subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like.
20. General Provisions.
This Agreement will be governed by and construed under the law of the state of Illinois, U.S.A. without regard to conflicts of law provisions. This Agreement shall be deemed to be entered into in the State of Illinois and fully performed in the State of Illinois. The parties acknowledge and agree that all Services are performed within Kane County in the State of Illinois and that state and federal courts within Kane County Illinois are the sole appropriate venues for resolution of any disputes arising under this Agreement. The parties agree that the state and federal courts sitting in Kane County Illinois will have exclusive jurisdiction over any claim arising out of this Agreement and each party consents to the exclusive jurisdiction of such courts. User consents to service by certified mail. Neither this Agreement nor any part or portion may be assigned, sublicensed or otherwise transferred by Subscriber without HR U CAN TRUST’s prior written consent. Should any provision of this Agreement be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions will not be affected thereby. Failure of any party to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.
21. User Acknowledgements:
User acknowledges that HR U CAN TRUST can only provide information, and, during 1:1 and 1Q1A, can only provide information and advice within the context of information provided by the User. Any deficiencies or inaccuracies in the information provided by User will affect the usefulness of information and advice provided by HR U CAN TRUST. I understand that in order to receive the most complete and accurate answer to my question, I must provide all relevant information as clearly as possible. 1Q1A answers will be based solely on the information provided. Every attempt will be made to clarify details for 1:1 consultation Users and User acknowledges that the time required to clarify details will affect pricing. I understand that for questions which are company specific, such as health and retirement benefits, existing HR policies, compensation practices, etc., I may be asked to provide a copy of the existing policy or benefit description in order for HR U CAN TRUST to assist in its interpretation. Even then, I may be directed back to my Company HR team or Benefit vendor for further clarification. I understand that if I am a member of a labor union that the union contract will likely take priority over any advice provided by HR U CAN TRUST.
22. Service Definitions.
‘Interactive Service” means use of information on the website, including blogs and other posts. The term is to be construed broadly and includes paid use of the website and other Services provided by HR U CAN TRUST. “1Q1A” is a web-based or email-based service by which a User can receive a specific, individualized answer to the User’s question. 1Q1A is further described on the attached 1Q1A service description. “1:1” is a video, telephonic and/or email-based personal consultation. The User will provide more complete information about their personal situation, in an off-line, confidential environment; and HR U CAN TRUST will provide an individualized answer. 1:1 is further described on the attached 1:1 service description.
23. Returns Policy
One Q One A (1Q1A) Services. Charges are generally flat rate and are payable at the time of service. Questions and answers are provided on-line. Under no circumstance will cash refunds or credits be given for a 1Q1A inquiry. 1Q1A is intended to handle discrete questions, and answers are based on information provided by User. Further terms and conditions will apply at time of service. If the 1Q1A inquiry requires more follow-up or more detail, User will be directed to the 1:1 Service format.
One to One (1:1) Consulting Services. The 1:1 consultation rates are generally a flat hourly rate and are payable at the time of service. Timing set by HR U Can Trust includes time spent communicating with the User via all forms of communication as well as conducting the necessary research required to provide the most accurate advice to the particular situation. Tracking of time used is solely up to the discretion of HR U Can Trust and not the User. Cash refunds will not be given. If a User does not use all the time purchased for a 1:1 consultation, time will be credited to the User to the nearest 15 minute increment. This credit is good toward the purchase of additional advice but will expire 12 months from the date of the initial inquiry. In order to use credit earned, proof of identify will be required by providing your Customer ID and other personal identifying information. Under no circumstance will cash refunds be given for a 1:1 inquiry. Further terms and conditions will apply at time of service. If the 1:1 consultation requires more time than was purchased, the User will be given the option to purchase additional time, or risk receiving an incomplete answer.
HR U CAN TRUST