This agreement (“Agreement”) sets forth the terms and conditions that apply to your access and use of the web site located at www.tilsonhr.com, as owned and operated by Tilson HR, Inc., an Indiana corporation (“Tilson”). By using www.tilsonhr.com you agree to be bound by the terms and conditions of this Agreement and Tilson’s Privacy Statement.
Accepting the Terms
By clicking ACCEPT or otherwise using the information, tools, features, and functionality located on www.tilsonhr.com (together the “Service”), you agree that you are signing on behalf of your company or entity and are binding such entity to this Agreement. By registering in and/or accessing www.tilsonhr.com, you are considered a “User”. By accepting this Agreement, you represent that you have the capacity to be bound by it, and if you are acting on behalf of a company or entity that you have the authority to bind such entity, in which case all references to “you” shall refer to the User and such company or entity.
Privacy and your Personal Information
For information about Tilson’s data protection practices, please read Tilson’s Privacy Statement, which is hereby incorporated into this Agreement. This policy explains how Tilson treats your personal information when you access www.tilsonhr.com and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.
Description of the Service
The Service is an information management service that allows Users to upload, consolidate, and track employee information from applications, W4s, banking information, and other personal employee information on www.tilsonhr.com.
Your Registration Information
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide, form your “Registration Information.” If you become aware of any unauthorized use of your Registration Information, you agree to notify Tilson immediately at the email address - firstname.lastname@example.org.
Use of the Service
Your right to access and use www.tilsonhr.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use www.tilsonhr.com for lawful purposes. Accurate records enable Tilson to provide the Service to you. You must provide true, accurate, current, and complete information about your human resource accounts and you may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected. Your access and use of www.tilsonhr.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of www.tilsonhr.com, or other actions that Tilson, in its sole discretion, may elect to take.
Rights Granted to Tilson
By submitting information, data, passwords, usernames, other log-in information, materials, and other content to Tilson through the Service, you are licensing that content to Tilson solely for the purpose of providing the Service. Tilson may use and store the content, but only to provide the Service to you. By submitting this content to Tilson, you represent that you are entitled to submit it to Tilson for use for this purpose.
The contents of www.tilsonhr.com including its “look and feel” (e.g., text, graphics, images, logos, and button icons), photographs, editorial content, notices, software (including html-based computer programs), and other material are protected under both United States and other applicable copyright, trademark, and other laws. The contents of www.tilsonhr.com belong or are licensed to Tilson or its software or content suppliers. Tilson grants you the right to view and use www.tilsonhr.com subject to these terms. You may download or print a copy of information provided on www.tilsonhr.com for your personal, internal, and non-commercial use only. Any distribution, reprint, or electronic reproduction of any content from www.tilsonhr.com in whole or in part for any other purpose is expressly prohibited without our prior written consent.
You agree that you will not: (a) Use any robot, spider, scraper, deep link, or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy, or monitor www.tilsonhr.com or any portion of www.tilsonhr.com, without Tilson’s express written consent, which may be withheld in Tilson’s sole discretion; (b) Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search www.EzHireWeb.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers (such as Microsoft Explorer, Google Chrome, etc…); (c) Post or transmit any file which contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interfere with the proper working of www.tilsonhr.com or the Service; or (d) Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of www.tilsonhr.com or the Service.
Disclaimer of Representations and Warranties
THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH www.tilsonhr.com OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. TILSON MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF www.tilsonhr.com OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.
TILSON MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF THE CONTENT ON www.tilsonhr.com OR OF THE SERVICE (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. TILSON MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT, OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
NEITHER TILSON NOR THE SERVICE IS INTENDED TO PROVIDE LEGAL, TAX, OR OTHER PROFESSIONAL ADVICE.
Limitations on Liability
TILSON SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE, OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO www.tilsonhr.com, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF TILSON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
User, and its employer, shall defend, indemnify, and hold harmless Tilson and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to attorneys fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.
Tilson may modify this Agreement from time to time. Any and all changes to this Agreement will be posted on the www.tilsonhr.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.
This Agreement shall be governed by the laws of the State of Indiana without regard to its conflict or choice of laws provisions. Any dispute with Tilson, or its officers, directors, employees, agents, or affiliates, arising under or in relation to this Agreement, shall be resolved exclusively through courts in Marion County or Johnson County, Indiana except with respect to imminent harm requiring temporary or preliminary injunctive relief in which case Tilson may seek such relief in any court with jurisdiction over the parties.
You also acknowledge and understand that, with respect to any dispute with Tilson, its officers, directors, employees, agents, or affiliates, arising out of or relating to your use of the Service or this Agreement, you are giving up your right to have a trial by jury.
Tilson may terminate this Agreement at any time upon written notice to the User. If any portion of this Agreement is deemed unlawful, void, or unenforceable by any court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void, or unenforceable, but only that portion of this Agreement that is unlawful, void, or unenforceable shall be stricken from this Agreement. You agree that if Tilson does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which Tilson has the benefit of under any applicable law), this will not be taken to be a formal waiver of Tilson’s rights and that those rights or remedies will still be available to Tilson.
All covenants, agreements, representations, and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement. This Agreement represents the entire understanding and agreement between you and Tilson regarding the subject matter of the same, and supersedes all other previous agreements.