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Membership Agreement Page

Please read the following terms and conditions relating to HR Advice.com Annual Membership. By forwarding payment via credit card or check, the customer acknowledges that he or she has read, understands and agrees to be bound by the terms and conditions of this agreement.


Definitions

"The Company" means HR Advice.com, Inc., PO Box 313, Mountain Lakes, NJ 07046.

The Customer” means an individual or company using the HR Advice.com services.

"HR Advice.com, Inc." means a series of Internet pages containing Human Resources information and online consulting services.

Basic Membership” means access to the content portions of the HR Advice.com website.

Premier Membership” means an annual paid membership to HR Advice.com entitling the customer with the ability to interact online with HR Advice.com consulting staff, in addition to accessing the content portions of the site available with Basic Membership.

"Intellectual Property Rights" means copyright, trademark, design, and patent rights.

Terms of Agreement

  1. Commencement - This agreement shall commence on the acceptance by The Company of the Customer’s registration. For Basic Membership acceptance shall be deemed to have occurred when The Company issues a valid authorization to use the website.  Acceptance of a valid Premier Membership is when the Customer provides valid payment of annual membership fees and a valid authorization to use the website is issued.

  2. Charges and Terms of Payment - All charges are payable in advance.  Current charges are displayed on HR Advice.com, Inc.’s Membership page.  All memberships are charged on an annual basis on the date the membership is established and annually on the anniversary date of membership thereafter.  All credit card charges will appear as “ORBOB Consulting, Inc.”

  3. Membership - HR Advice.com, Inc. has two categories of membership – Basic Membership and Premier Membership.

      Basic Membership

      Basic membership benefits provide access to the free content portions of the HR Advice.com website.  There is no charge for Basic Membership. The basic membership requires submission of registration information including contact and company information.  Upon validation of registration information a site authorization will be issued.   HR Advice reserves the right to cancel site authorization at anytime if it deems the information supplied by the registrant is misrepresented or distorted, such as using fake email addresses to gain site access. 

      Basic Membership will include access to the Sample Questions and Answer section of the website, daily Human Resources and small business news, the “Tip of the Day” and periodic notification by email of important HR information and site content updates.  Access to any paid portion of the site including the ability to ask questions to the HR Advice.com consulting team will not be available with Basic Membership.  No other benefits are available with Basic Membership.

      Premier Membership

      Included in a Premier Membership are the following benefits:

      • The ability to interact on-line or by phone for up to two hours per month with an HR Consultant. 
      • A downloadable copy of “The Guide to Business Survival, Volume I, 50 Answers Every Manager Must Know”
      • A downloadable copy of the HR Advice departmental audit document. 
      • Access to the free content portions of the HR Advice.com website as outlined under Basic Membership. 

      Interaction with HR Advice.com consultants permits a limited number of accesses each month to receive certain personalized Human Resources information requested by the Customer. These accesses will be initiated by Premier members through the “ask a question” interface on the HR Advice.com website.  Members may at their own expense telephone HR Advice.com consultants to ask questions and receive answers. The number and type of accesses will determine the extent of how consulting time is deducted from a members account.  HR Advice.com utilization and pricing is determined by the amount of time required to research and prepare the information requested. Most basic questions can be answered within a thirty-minute time frame or less.   The complexity of your question and amount of follow-up will determine how much time is deducted from your account each month.  Time is deducted in fifteen-minute intervals from each members account. After each interaction with an HR Advice.com consultant all members will be advised of the amount of monthly time remaining in their account.

      During the course of annual Premier Membership, on the 1st day of each month, HR Advice.com, Inc. will credit each eligible Customer’s account with two hours of consulting time. Any consulting time remaining from the previous month will not be carried forward.

      In the event that the Customer utilizes all monthly membership consulting time within any month, the Customer will be offered the option of pre-purchase of additional site access.  HR Advice upon request will provide in writing an estimate of anticipated charges for any specific inquiry.  Charges for additional access above the two-hour monthly consulting time are displayed on the Membership page.  There will be no refunds for additional unused consulting time purchased in addition to monthly membership.   Purchased unused additional consulting time will remain credited in a members account through the membership period and remain available provided the annual membership is continued.


      A Customer need not be a Premier member to purchase consulting time; however there may be a different pricing structure for Non-Members.  The ability to ask questions may be accessed by the Customer only after a pre-paid account is established with The Company.


      The ability to interact with HR Advice.com consultants will only be available to Customers when funds are cleared.  In the case of checks, this will be on clearance by the bank, and in the case of credit cards, on authorization of credit card payments.

      Both memberships require submission of registration information including contact and company information.  Upon validation of registration information an authorized site authorization will be issued.   HR Advice reserves the right to cancel site authorization at anytime if it deems the information supplied by the registrant is misrepresented or distorted, such as using fake email addresses to gain site access.  The Customer acknowledges that the Company has no refund policy on Premier memberships. The Customer further acknowledges that once a subscription period starts it cannot be suspended for any reason whatsoever until the last day of the subscription or until the subscription naturally lapses.

      Premier memberships will automatically be renewed on anniversary date of the membership.  The previously submitted payment information will be used to process renewal fees. 

  4. Taxes - All prices quoted for HR Advice.com, Inc. subscription services and for HR Advice.com, Inc. consulting time and chargeable items are exclusive of sales tax.  Sales tax will be collected pursuant to law.

  5. Source of Data - Data included in the HR Advice.com, Inc. website may be obtained from several suppliers such as Individual.com and others. The Company will not be liable to Customers or third parties for the failure of any of the suppliers to provide information to be included in the HR Advice.com, Inc. website.

  6. Minimum System Requirements - The HR Advice.com, Inc. Internet site takes advantage of the latest Internet technology and requires a browser capable of executing JavaScript. Other features within the site require Microsoft Internet Explorer 4.0 or higher or Netscape Navigator 4.0 or higher browser to operate. It is the responsibility of the Customer to meet these requirements.

  7. Speed of Transmission - The Company has no control over the speed of transmission of data where the Internet is used for access.

  8. Interruption of Service - The Company will use its best efforts to provide access on a 24-hour basis. However there may be an interruption to the service to facilitate reasonable maintenance by The Company.  The Company will not be liable to Customers or third parties for interruptions to the service beyond its control including but not limited to: problems with telecommunications services; problems with Information Service Providers; or problems with the Hardware or Software.

  9. Liability - Use of the HR Advice.com, Inc. product shall be at the Customer’s own risk. The Company is not responsible for any adverse consequences arising out of the use of HR Advice.com, Inc.  The Company believes that all information contained in the HR Advice.com, Inc. product is accurate and reliable. However no warranty of accuracy or reliability as to such information is given to the Customer or to any third party. This information is provided with the understanding that HR Advice.com is not engaged in rendering legal services. HR Advice.com, Inc. and all its employees disclaim any liability, loss or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this information. This information is not a substitute for the advice of a competent legal professional. If legally binding advice is being sought please contact a legal official.

  10. Hold Harmless - No responsibility for loss arising in any way from or in connection to errors or omissions in any information provided (including responsibility to any persons by reason of negligence) is accepted by the Company.  The client will exonerate, indemnify and hold harmless the Company, its directors, officers, and employees, from and against any and all liability, losses, costs, expenses (including attorneys fees), damages, claims or demands, directly or indirectly arising out of, or resulting from, any act, neglect, omission or wrongful act of the client or its employees, officers, agents or subcontractors related to services performed by the company hereunder. 

  11. Intellectual Property and Copyright - The Customer acknowledges that all copyright and other intellectual property rights of whatever nature, excluding those belonging to the suppliers of raw data as specified below, will remain vested in The Company.
    Data supplied by outside vendors is subject to copyright. All rights reserved. No part of the HR Advice.com website may be copied, photocopied, reproduced, translated or reduced to or from any electronic medium or machine readable form without the prior consent in writing from the Company.

  12. Password Security - The Customer is totally responsible for the use of any password, which has been authorized by The Company.   The Customer agrees not to reveal any password to any other person.  The Customer will be responsible for any use whatsoever of the password whether authorized or not by the Customer; and any use by another person(s) other than the authorized user will be subject to immediate termination of annual membership without any refund for unused services.

  13. Use of Information - Except for making one printed copy of any materials, files or documents available from, accessible through or published by HR Advice.com, Inc. for your personal use (or downloading for the same limited purpose), these may not be reproduced, republished, broadcast or otherwise distributed without prior written permission of The Company.

  14. Technical Support - The Company will provide support for registered HR Advice.com, Inc. members via email. The Company will endeavor to provide 24-hour turn around on this service. The email address to use for all support queries is support@hradvice.com.

  15. Governing Law - This agreement will be governed by and construed according to the laws of New Jersey.

  16. Disputes - Any disputes, controversy or claim arising out of or relating to this Agreement (including any such matter involving parent, subsidiary, affiliate, successor in interest or agent of the client or company will be submitted first to voluntary mediation, and if mediation is not successful then to binding arbitration. Either party may institute mediation for any such dispute by delivering at least thirty (30) days prior written notice of mediation to the other party and naming the mediator. If the parties cannot agree or have no particular choice of mediator, then the American Arbitration Association (“AAA”) will send to the parties a list and resumes of available mediators, and each party will inform the AAA of those mediators who are acceptable to such party; provided that at least one (1) such mediator will be designated as acceptable by each party.  The AAA will then select a mediator who is acceptable to both parties.  The mediation will occur within sixty (60) days after the receipt by one party of a request for mediation from the other party.  The parties will share the fees, costs and expenses of the mediation. 

  17. Arbitration - If a dispute has not been resolved within ninety (90) days after the written notice beginning the mediation process (or a longer period, if the parties agree to extend the mediation), the mediation will terminate and the dispute will be settled by arbitration.  The arbitration will be conducted in accordance with the procedures in this document and the Arbitration Rules for Professional Accounting and Related Services Disputes of the AAA ("AAA Rules").  In the event of a conflict, the provisions of this document will control.  The arbitration will be conducted before a panel of three arbitrators, regardless of the size of the dispute, to be selected as provided in the AAA Rules.  Any issue concerning the extent to which any dispute is subject to arbitration, or concerning the applicability, interpretation, or enforceability of these procedures, including any contention that all or part of these procedures are invalid or unenforceable, will be governed by the Federal Arbitration Act and resolved by the arbitrators.  No potential arbitrator may serve on the panel unless he or she has agreed in writing to abide and be bound by these procedures. All aspects of the arbitration will be treated as confidential.  Neither the parties nor the arbitrators may disclose the existence, content or results of the arbitration, except as necessary to comply with legal or regulatory requirements.  Before making any such disclosure, a party will give written notice to all other parties and will afford such parties a reasonable opportunity to protect their interests. The result of the arbitration will be binding on the parties

  18. Variation - The Company has the right to change or discontinue any feature of HR Advice.com, Inc., including content, hours of availability and usage requirements.  The Company may vary prices by giving not less than 30 day’s notice to the Customer. Such notice shall be displayed on the HR Advice.com, Inc. Pricing page.  Customers purchasing an annual membership will not be subject to increase in annual membership rates until renewal of annual membership.

  19. Termination by the Customer  - This agreement shall be deemed terminated by the Customer if The Company does not receive payment in advance. In other circumstances the Customer may terminate this agreement by giving notice in writing to The Company. Termination will take effect on acknowledgment of receipt by The Company of such notice. The notice of termination, which must include Member Name, password and authorized signature, may be sent by facsimile, regular mail or hand delivery.

  20. Termination by The Company - The Company may terminate this agreement immediately without notice should the Customer be in breach of this agreement.

  21. Successors - This agreement shall be binding on and inure to the benefit of each party, their heirs, executors, legal representatives, successors and permitted assignees.

  22. Entire Agreement - This agreement constitutes the entire agreement between the Company and the Customer and supersedes all prior representations, agreements, statements and understandings, whether verbal or in writing.

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