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
"The Company" means HR Advice.com, Inc., PO Box 313,
Mountain Lakes, NJ 07046.
“The Customer” means an individual or company using the HR
"HR Advice.com, Inc." means a series of Internet pages
containing Human Resources information and online consulting
“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
"Intellectual Property Rights" means copyright, trademark,
design, and patent rights.
Terms of Agreement
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.
Charges and Terms of Payment - All charges are payable in
advance. Current charges are displayed on HR Advice.com, Inc.’s
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.”
Membership - HR Advice.com, Inc. has two categories of
membership – Basic Membership and Premier 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.
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
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
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.
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.
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.
Minimum System Requirements - The HR Advice.com, Inc.
Internet site takes advantage of the latest Internet technology
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
Speed of Transmission - The Company has no control over
the speed of transmission of data where the Internet is used for
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.
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.
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
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
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.
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.
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.
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
Governing Law - This agreement will be governed by and
construed according to the laws of New Jersey.
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.
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
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.
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
Termination by The Company - The Company may terminate
this agreement immediately without notice should the Customer be
in breach of this agreement.
Successors - This agreement shall be binding on and inure to
the benefit of each party, their heirs, executors, legal
representatives, successors and permitted assignees.
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.