Terms of Service
Last Updated: 7/19/2024
Welcome to Proactive HR, INC.! These Terms of Service (“Terms”) govern your use of the services provided by Proactive HR, Inc. (“we,” “us,” or “our”) through our website, https://proactivehr.io (the “Site”). By accessing or using our services, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our services.
Acceptance of Terms
By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy. If you are using our services on behalf of an organization, you are agreeing to these Terms for that organization and representing that you have the authority to bind that organization to these Terms.
Services
Proactive HR, Inc. provides an HR compliance solution that promptly detects compliance issues within the workplace so that employers may promptly resolve such issues. Our services may include, but are not limited to, consultation, compliance support, training and resources for HR compliance.
Use of Services
You agree to use our services only for lawful purposes and in accordance with these Terms. You agree not to use our services:
- In any way that violates any applicable federal, state, local, or international law or regulation
- To exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent.
- To impersonate or attempt to impersonate Proactive HR, Inc., a Proactive HR, Inc. employee, another user or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our services, or which, as determined by us, may harm Proactive HR, Inc. or users of our services, or expose them to liability.
User Accounts
To access certain features of our services or our software, you may be required to create an account. You agree to:
- Provide accurate, current, and complete information during the registration and onboarding process.
- Maintain and promptly update your account information to keep it accurate, current, and complete.
- Maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us.
- Promptly notify us if you discover or otherwise suspect any security breaches related to your account.
Fees and Payment
Some of our services may be offered for a fee. You agree to pay all applicable fees and charges for your use of our services. All payments are final and non-refundable, except as required by law.
Intellectual Property
All content and materials available on the Site, including but not limited to text, graphics, website name, code, images, and logos are the intellectual property of Proactive HR, Inc. and are protected by applicable copyright, trademark, and/or other intellectual property laws. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the services without our express written permission.
Software Platform
Our software platform is provided on an “as is” and “as available” basis. We do not warrant that the software platform will be uninterrupted, timely, secure or error-free. We are not liable for any downtime or interruptions in the software platform.
Indemnification
You agree to indemnify, defend, and hold harmless Proactive HR, Inc., its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) that arise from your use of our services, violation of these Terms, or infringement by you or any third party using your account, of any intellectual property or other right of any person or entity.
Arbitration
Any disputes arising out of or in connection with these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (“AAA”). The arbitration shall be conducted in Orange County, California. The arbitration award shall be final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
Termination
We reserve the right to terminate or suspend your account and access to our services at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users of our services, us, or third parties, or for any other reason.
Right to Suspend Services
We reserve the right to suspend services at any time and for any reason without prior notice.
Disclaimer of Warranties
Our services are provided on an “as is” and “as available” basis. We make no warranties, expressed or implied, and hereby disclaim and negate all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Limitation of Liability
In no event shall Proactive HR, Inc., its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use our services; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from our services; and (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through our services by any third party.
Governing Law
These Terms shall be governed and construed in accordance with the laws of California, without regard to its conflict of law provisions.
Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. By continuing to access or use our services after those revisions become effective, you agree to be bound by the revised terms.
Contact Us
If you have any questions about these Terms, please contact us at:
Proactive HR, Inc.
2901 W. Coast Hwy. Suite 200
Newport Beach CA 92663
Email: Support@ProactiveHR.io
Phone: (800) 598-0563