LAST UPDATE: July 30, 2018
ThinkHR Corporation, along with its Human Resource Solutions subsidiaries and affiliates (“ThinkHR”), provides the information and services on its website(s) (the “Site”) under the following terms and conditions. By accessing and/or using the Site, you indicate your acceptance of these terms and conditions.
- LAWS AND REGULATIONS. Access to and use of this Site are subject to all applicable international, federal, state, and local laws and regulations. User agrees not to use the Site in any way that violates such laws or regulations.
- COPYRIGHT AND TRADEMARKS. The information available on or through this Site is the property of ThinkHR, or its licensors, and is protected by copyright, trademark, and other intellectual property laws. Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works, or otherwise use any information available on or through this Site for commercial or public purposes. Users may not use the trademarks, logos, and service marks (“Marks”) for any purpose including, but not limited to use as “hot links” or meta tags in other pages or sites on the World Wide Web without the written permission of ThinkHR or such third party that may own the Mark. Any unauthorized use terminates the permission or license granted by ThinkHR.
- TAMPERING. User agrees not to modify, move, add to, delete, or otherwise tamper with the information contained in the Site. User also agrees not to decompile, reverse engineer, disassemble, or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Site.
- THIRD PARTY INFORMATION. Although ThinkHR monitors the information on the Site, some of the information may be supplied by independent third parties. While ThinkHR attempts to ensure the accuracy of all information on the Site, ThinkHR makes no warranty as to the accuracy of any such information.
- LINKS TO THIRD PARTY SITES. This Site may contain links that will let you access other websites that are not under the control of ThinkHR. The links are only provided as a convenience and ThinkHR does not endorse any of these sites. ThinkHR assumes no responsibility or liability for any material that may be accessed on other websites reached through this Site, nor does ThinkHR make any representation regarding the quality of any product or service contained at any such site.
- COMMUNICATIONS AND OTHER CONTENT. Users may send email communications or utilize phone services. Users may submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam”. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead ThinkHR as to the origin of any communication. If you submit questions, suggestions, comments or other materials, ThinkHR may use the questions, suggestions, comments or other materials so long as ThinkHR makes no reference to you or your company. You represent and warrant that you own or otherwise control all of the rights to the content that you submit; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify ThinkHR for all claims resulting from content you submit.
- OTHER BUSINESSES. ThinkHR may provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. ThinkHR does not assume any responsibility or liability for the actions, product, and content of these and any other third parties. You should carefully review their privacy statements and their user agreement.
- NO WARRANTIES. Information on this Site is licensed and provided with the understanding that ThinkHR is not engaged in rendering legal, accounting, or other professional advice or service in any form or matter. The specific application of any law, regulation, or policy to any particular fact, situation, or problem occurring with any employer should always first be reviewed with legal counsel or other consultants who practice in these particular areas and are knowledgeable about applicable federal and state law and regulations and their interpretation. Although every effort has been made to ensure the accuracy and completeness of this information, ThinkHR cannot be responsible for any errors or omissions or the change in any courts or agencies’ interpretation or application of any laws or regulations described in these materials. Information and documents provided on this Site are provided “as is” without warranty of any kind, either express or implied, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement. ThinkHR uses reasonable efforts to include accurate and up-to-date information on this Site; it does not, however, make any warranties or representations as to its accuracy or completeness. ThinkHR periodically adds, changes, improves, or updates the information and documents on this Site without notice. ThinkHR assumes no liability or responsibility for any errors or omissions in the content of this Site. Your use of this Site is at your own risk.
- LIMITATION OF LIABILITY. Under no circumstances shall ThinkHR be liable for any damages suffered by you, including any incidental, special, or consequential damages (including, without limitation, any lost profits or damages for business interruption, loss of information, programs or other data) that result from access to, use of, or inability to use this site or due to any breach of security associated with the transmission of information through the internet, even if ThinkHR was advised of the possibility of such damages.
- ACCESS TO PASSWORD PROTECTED/SECURE AREAS. Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution. If you use the ThinkHR site, email services or phone services, you are responsible for maintaining the confidentiality of your account and password and for restricting access, and you agree to accept responsibility for all activities that occur under your account or password. None of the services or products provided by ThinkHR are designed for children or designed to attract children to the site. ThinkHR reserves the right to refuse service, terminate accounts, remove or edit content in the event of a misuse of the site or ThinkHR services.
- JURISDICTION/GOVERNING LAW. Any dispute or claim relating in any way to your visit to ThinkHR or to products or services provided or distributed by ThinkHR or through ThinkHR will be resolved by binding arbitration. The Federal Arbitration Act and federal arbitration law shall apply. There is no judge or jury in arbitration, and court review of arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of the Agreement. Any dispute or claim arising in connection with use of the ThinkHR site or services must be brought within one (1) year of the date of the event giving rise to such action occurred. Any arbitration proceeding shall be conducted in the greater San Francisco area or by telephone through the American Arbitration Association. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules including any supplementary rules that may apply due to the nature of the transaction. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that ThinkHR may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
- NOTIFICATIONS POLICY. ThinkHR will not send you any unsolicited information, including e-mail, except:
(i) Users will receive ThinkHR registration emails when they register.
(ii) Expert applicants will receive ThinkHR communications relating to their applications. Experts may receive daily digests of questions asked in the categories in which they are admitted as experts.
(iii) Users will receive updates and notices about questions they are asking or answering, other posts, their accounts, and new features and policies; these communications are considered part and parcel of your service and, except for the daily digests, you cannot opt out of them;
(iv) Periodically, ThinkHR may contact you about new services, special offers, promotions and third-party or affiliate offers, and will include in any such emails an opt-out link by which you can opt out of receiving such emails; and
(v) Our customer service and business development departments may contact users and referral participants in order to ensure your satisfaction with ThinkHR and/or to ask how we can improve.
- MODIFICATIONS. We may amend our privacy notice and other online practices at any time. You should review the privacy notice and other online notices from time to time to become aware of any changes. If a sponsoring business provides you with access to ThinkHR services, your name and other information may be shared with the sponsoring business. ThinkHR, its suppliers and the sponsoring businesses have the ability to review activity in order to better provide service to you. It is the intent of ThinkHR to comply with the California law and the laws of other states. In the course of providing services to you, you understand and acknowledge that we collect information from your use of the services. While ThinkHR takes measures to ensure that other entities or individuals do not have access to any information about your use of the services, neither the sponsoring business, ThinkHR nor its suppliers make any warranty that our network will not be breached.
ELECTRONIC COMMUNICATIONS OR OTHER COMMUNICATIONS. When you visit the ThinkHR website, send emails to us or call ThinkHR, you are communicating with us electronically. We will communicate with you by e-mail, by placing notices on this site, by live chat or by phone. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
- SITE POLICIES, MODIFICATION AND SEVERABILITY. We reserve the right to make changes to our policies and this Agreement at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall no affect the validity and enforceability of any remaining condition. Any revised Agreement will be made available online and will be effective immediately upon being posted. Your continued use of ThinkHR services will be deemed to signify your agreement to be bound by the revised Agreement. If you have a written agreement signed by ThinkHR, the terms of the written agreement will govern in the event of any conflicting terms between this Agreement and the written agreement.
- TRANSLATION SERVICES. This service may contain translations powered by Google or other translation services. We disclaim all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties of merchantability, fitness for a particular purpose and noninfringement.
CONTACT INFORMATION. Our Address is 4637 Chabot Drive, Suite 200 Pleasanton, CA 94588. Phone: 925.225.1100