Last updated: 4-10-2025
1. INTRODUCTION
Please read these terms, and all embedded, linked, or otherwise referenced policies fully. If you do not agree to all of the terms, conditions, referenced policies, or the like herein you must not access or use Our Service.
You are entering into this Agreement with Consort HR, LLC. (“Consort HR”, “Company”, “We”, “Our”, or “Us”). When You (individually as a visitor, user, employee, employer, or the entity that You represent) access or use Our site (including www.consorthr.com) Our services (also found at http://www.consorthr.com/), or any other referenced, linked, or similar site or services offered by Consort HR (collectively “Services” as defined in Section 3). You are agreeing to this Terms of Service (the “Agreement”). By accessing the Services, You agree to be bound by this Agreement, and any additional terms referenced herein, including, as applicable and referenced herein, Privacy Notice(s) and Policies, found here which set out the terms of our Service and the manner in which We process any data, including personal data, collected from You, or provided to Us, and any other policies, or terms contained herein. In agreeing, You also represent that You have the authority to bind Yourself and/or the company You represent, and have disclosed all information to Consort HR as necessary to perform the Services. Capitalized terms are as defined throughout this Agreement. As an Employer You represent and understand that You are responsible for Your use as well as all of Your Employee's use of Our Services. As an Employee, You represent and understand You are responsible for Your use of our Services.
You acknowledge that in accessing or using any of the Services or Platform, You have the ability to and consent to enter into such agreements electronically, and that such access or use constitutes your agreement to be bound by these terms and conditions in their entirety.
2. DISCLAIMER
Company's Services contain, provide, and impart, a great deal of content, instruction, and communications, regarding human resource matters. The content, instruction, and communications, have been prepared and is/are provided for educational and informational purposes only without representation or warranty of any kind, does not constitute or provide legal, financial, tax, or other similar professional advice, counsel, or opinions on any matters, is/are not a substitute or alternative for your judgment or legal, financial, tax, or other similar professional advice. We make no guarantees as to any outcomes regarding our communications. We are not a law firm. We are not a tax advisory firm. We are not a financial advisory firm. None of Our representatives, employees, directors, advisors, independent contractors, etc., are lawyers (except for our lawyers providing legal advice to us), financial, tax, or other similar professional services, and no legal, financial, tax, or other professional advice is or will be provided You by Company, and no such advice will be provided to You by Company or anyone employed by or associated with Company. If we suggest third parties that may offer this service to You, or there are advertisements or the like on any of our Services, it is Your sole responsibility to determine whether You wish to hire, engage, or retain any of them. This is Your own choice. Company has no responsibility for such professional services You retain, engage, or employ. Company does not replace or substitute for any financial, tax, legal, employment, or other professional services or advice. You should consult a professional trained in those areas if you need such assistance. Transmission of information over the internet or any Service is not intended to create, and receipt does not constitute, a lawyer-client or any other similar professional relationship between Company and You. You should not act or refrain from acting on any matter based on any content, instruction, or communications, through any Service without seeking professional counsel. Additionally You agree the Service is not intended to be utilized for back-up or repository purposes. You are responsible for maintaining all of Your own records.
WE ARE NOT A CO-EMPLOYER OR EMPLOYER OF RECORD. WE ARE NOT RESPONSIBLE FOR ANY DETERMINATION OF EMPLOYEE PAY, OVERTIME PAY, HOURS WORKED, REQUIREMENTS ON EMPLOYMENT STATUS, OR THE LIKE. USE OF THE SERVICE DOES NOT RELIEVE YOU OF YOUR OBLIGATIONS UNDER LAW AND REGULATION. WE ARE NOT A LAW FIRM OR A SUBSTITUTE FOR AN ATTORNEY OR LAW FIRM. WE CANNOT AND DO NOT PROVIDE ANY KIND OF ADVICE, EXPLANATION, OPINION, OR RECOMMENDATION ABOUT POSSIBLE LEGAL RIGHTS, REMEDIES, DEFENSES, OPTIONS, SELECTION OR USE OF FORMS, DOCUMENTS, OR STRATEGIES. YOUR RELIANCE UPON CONTENT, INSTRUCTION, AND COMMUNICATIONS, OBTAINED BY YOU ON OR THROUGH THE SERVICE IS SOLELY AT YOUR OWN RISK.
3. SERVICES
This Agreement applies to all Consort HR services, including the website (such as www.Consort HR.com), or sites (desktop and mobile) (the “Website(s)” or “Site(s)”) as well as any and all applications, applications available on any electronic platform or service, mobile applications, means of written and oral communication, emails, chats, instant messaging, voice communications, and the like (the “Service(s)”); and is applicable to all persons, organizations, and entities who, or which, use or access any of Our Services, in their company's capacity as an Employer or an individual capacity as an Employee (each referred to individually, or collectively as a “User”, “User's”, “You” or “Your”). Consort HR reserves the right to change, suspend, or terminate any element of the Service, including hours of availability, information, data, text, music, sound, messages, or the like without notice or penalty. If You are an administrator or Employer You may create and add additional users to Your account, and understand and agree We are not responsible for validating any new users, or whether they should have access. You agree You are solely responsible for the addition of, any actions/inactions of, these new Users.
You understand and agree Consort HR may limit, restrict, suspend, or terminate Your account for any reason, or no reason at all, including for engaging in what Consort HR considers to be restricted business activities such as gambling, sale of certain drugs or paraphernalia, guns or ammunition, flammable or combustible substances, adult entertainment, virtual currency, counterfeit products, or any other business in Consort HR's sole discretion.
4. REGISTRATION AND ACCOUNT INFORMATION
In order to use Our Services, You must register for an account. In registering, You agree to provide accurate, current, and complete information about Yourself (“Registration Data”) and update it as necessary. If Consort HR has reason to believe that Your Registration Data, or any other data you upload into the service, is inaccurate, outdated, falsified or incomplete, Consort HR may suspend or terminate Your account. You agree You will not: (a) create an account using a false identity or enter in any information that is not your own or is not true or correct; (b) have more than one account (except in the event of an Employer with multiple EIN numbers); (c) create an account or use the Services if You have been previously removed from the Services, (d) access the Service if you are under 18 years of age (although We may permit You to access the Service if You are 16 or above with parental consent and only if in compliance with, and if permitted by, applicable laws) (we reserve the right to verify Your age), or (e) access the service outside of the United States of America (but in any event, if You do, that You will be liable for all legal compliance with such access). We reserve the right, in Our sole discretion, to accept or reject Your registration to use Our Services, as well as suspend or terminate Your account for any reason, or no reason at all. You are responsible for maintaining the confidentiality of Your password, credentials and account and will be fully responsible for any and all activities that occur under Your account. You are responsible for, and agree to immediately notify Us of, any unauthorized use of Your account or any other breach of account security. You may, however, disclose Your password to certain third parties with whom we have entered into specific contractual and technical arrangements designed to safeguard your password ("Authorized Password Users"), in order to enjoy the benefits of those third parties' services in relation to our services. Company reserves the right to monitor your use of the Site or Service to ensure compliance with these Terms.
After registration has been completed, Company will provide You Services and access/use of the site and service for the purpose of (which such purpose may reasonably change from time to time): recording, creating, and monitoring employee performance, reporting, onboarding, offboarding, and other similar actions and relevant other services including potentially third party services as set forth herein. Depending on the services You elect, additional terms and conditions and authorizations may apply as indicated therein.
You hereby give the Company the permission and right to verify all records, identities, personal information, and account information uploaded by You or Your Employees, as the case may be. We may decline to offer services at any time, audit Your use of the service, records, or information at any time, and You acknowledge that the Services does not relieve you of any obligations that may apply to you under federal, state, local or other law, or regulation and such compliance obligation is your responsible and not the responsibility of Consort HR.
You are responsible for not only Your account but also any account, user, or login that You provide access to the Services. You fully release, indemnify, and hold Company harmless from any claims or liabilities associated with such access to the Service.
5. YOUR RESPONSIBILITIES
You are responsible for Your use of the Services and for any use of the Services made using Your account, including by any third parties. When using Our Services, You agree that You will not: (a) copy or distribute any part of the Services, or modify, reverse engineer, decompile, disassemble, tamper with, or create any derivative works of the Service, including by way of automated or non-automated “scraping”; (b) use any automated systems including “robots” and “spiders”; (c) interfere with or compromise Our systems’ integrity or decipher any server transmissions; (d) impose any unreasonably large load on Our infrastructure; (e) upload viruses, malware, or worms to the Service; (f) collect or retain any personally identifiable information contained in the Service beyond the permitted use hereunder; (g) access the Service by any means other than authorized herein, including virtual private networks which are expressly forbidden; (h) stalk, harass, bully or harm others; (i) impersonate any person or entity; or (j) hack, spam, phish, or otherwise provide fraudulent, manipulative, or inflammatory content (k) act in any way on, or provided any Content to, the Service or to its users, or to Consort HR employees or support representatives, that is inappropriate or disrespectful; (l) or encourage or use the Services to commit or aid in the committing of r a crime. Your continued access to Our Services are contingent on Your agreement to act in a professional manner. You agree, represent, and warrant that any personally identifiable information of third parties You provide or upload to Consort HR pursuant to Your use of Our Services, will be provided with all complete and legal consents and permissions to provide Consort HR with such information. You are responsible for all actions taken on your account, whether or not they were taken by You directly. To the extent You utilize third party agents and they access the Service on your behalf, You agree You will remain fully liable and responsible for such third party agents actions, inactions, breaches, and the like of our Service. Any breach of a third party agent will be deemed a breach by You.
You agree that Consort HR's services may include wage and hour, time tracking, payrolling and other information, including services provided by our Third Party Service Providers and that You are solely responsible for confirming the accuracy of the Content, and any actions taken with respect to Your content by Consort HR or our Third Party Service Providers. Neither Consort HR nor our Third Party Service Providers are responsible for any errors, inaccuracies, omissions, delays, non-timely information, or the like provided by You, Your Employer, or Your Employees.
In addition, the Company prohibits the sending of any unsolicited email, text, or other communications, including any that violate applicable law or regulation. The Company also prohibits false headers in emails, texts, or engaging in any similar activities. If you or anyone you know is spammed in relation to the Company's services please contact the Company immediately.
You agree the Company provides the Services on a limited basis, and that We may modify these limitations at any time, including adding or removing features, terminating certain or all Services, modifying pricing, charging for features or Services that previously did not have fees associated with, them logging off accounts that are inactive (Consort HR considers any account to be inactive if it does not have a record of at least one the following activities within a 180-day period: (a) a user login and/or active session for that account or (b) a payment to the account.), have reports, warnings, or for any other reason what so ever Consort HR deems as reasonable and that Consort HR has no liability or responsibility for any such modifications, changes, or the like.
6. PROHIBITED USAGE
In addition to all other usage restrictions, responsibilities, and requirements as set forth herein, You agree to only use the Service for lawful purposes, that You are responsible for Your actions and inactions on the Service (including any and all uploads, transmissions, posting, or the like through the Service), and that We explicitly prohibit: (i) any use not authorized herein (ii) any interference, damage, interception, or the like of our Service, (iii) reselling, sublicensing, or the like of the Service, (iv) framing or mirroring of the Service, (v) use of the Service for illegal, improper, unethical, or immoral activities, (vi) engaging in or encouraging conduct that could or does give rise to criminal, civil, or other liability in any jurisdiction either to yourself or to others (vii) posting infringing information or revealing confidential or trade secrets (unless you are the owner), (viii) Your use of the Service in violation of any laws including export control laws, (ix) interfering with the Service or gaining unauthorized access to the Service or any computer system, and (x) permitting any third party to do any of the above, or violate any term set forth herein
7. COMMUNICATIONS
When You use any of Our Services, accessing or using any platform or services, or send e-mails to us, You are communicating with us electronically and may be asked to provide information that allows for such communication, and agree You are providing that information freely and have a right to provide it. You consent to receive communications from us electronically. We may communicate with You by e-mail, text, short message system (SMS), chat, voice, telephone, mobile phone, social media service (such as Twitter, or Facebook), or by posting notices on this Site or through any other Company Services. You agree that you are responsible for all messages You send, and to who You send them to, through the Services. You may be charged by your mobile cell phone carrier for texts and SMS. 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.
7.1 SMS Communications
By using Consort HR Inc.'s services, you agree to this SMS/MMS Policy. We reserve the right to update this policy at any time, with notice provided through appropriate communication channels.
8. RECORDINGS / CALL RECORDING
You understand and agree that Company may, without further notice or warning and in our discretion, monitor or record telephone conversations and any web, app, or other sessions which we might track, You or anyone acting on Your behalf has with Company or its agents, or on the Service itself, for quality control, training purposes, for its own protection, including to use as evidence, or to share with other users, specifically Your Employer or Employees and that this provision will serve as notice of such recording(s). You acknowledge and understand that, while Your communications and actions with Company and its Services may be overheard, monitored, or recorded without further notice or warning, not all telephone lines, calls, or Service activity may be recorded by Company, and Company does not guarantee and disclaims that recordings of any particular telephone calls or Service activity will be retained or retrievable.
9. THIRD PARTY SERVICES AND LINKS
Consort HR may use, provide to You, or provide Your Content to, certain third-party services in Our provision of the Service (“Third Party Vendors”) or third-party service providers (“Third-Party Service(s)”) which may also provide to You information, services, software, and support outside of the Consort HR network, including services which may be embedded in the Consort HR Service. Consort HR may also provide to You certain links to third-parties which provide services, information, or the like that may be relevant to You (“Third Party Link(s)”). Such Third-Party Vendors, Services and Links are provided “AS IS” without indemnification, support, or warranty of any kind, and this Agreement does not apply to Your use of any such provided Third-Party Vendors, Services, and Links. You are responsible for evaluating whether You want to access or use such Third-Party Services and Third Party Links, and, in certain circumstances where required or applicable, may opt-out from such Third-Party Services and Third Party Links available outside of the Consort HR network, or may choose to not utilize such Third-Party Services and Third Party Links at any time. We reserve the right to suspend Third-Party Vendors, Services, and Links at any time and additionally both We as well as our Third Party Service Providers may choose to suspend your access for any reason or no reason what so ever, including any failure to pay, fines, violations of laws, rules, regulations, or the like. You should review any applicable terms and/or privacy policies of a Third-Party Services and Third Party Links before using it or sharing any information with it, because You may give the operator permission to use Your information outside of what You have agreed to herein. Consort HR is not responsible for, nor endorses any features, content, advertising, products or other materials on or available from such Third-Party Services and Third Party Links.
9.1. Payroll Services, specifically
You understand and agree that any payroll, tax filing, or similar services embedded within the Consort HR Service is a third party service, provided to You through our third party payroll service provider (“Third Party Payroll Provider”) and that Consort HR has no control, ownership, or the like over such Third Party Payroll Provider. You are solely liable for the accuracy of all information provided to such Third Party Payroll Provider, as well as solely liable for any fines, regulatory actions, damages, losses, or the like that may result from your use of such Third Party Payroll Provider service. Employer acknowledges that certain of the Services provided by Consort HR may be subject to the NACHA Operating Rules & Guidelines; any applicable Office of Foreign Assets Control ("OFAC") screening requirement, and/or Anti-Money Laundering and Anti-Terrorist Financing ("ML/ATF") laws; and agrees to comply with and reasonably cooperate with Consort HR in its compliance with the applicable NACHA rules, OFAC screening requirement, and ML/ATF laws with respect to the applicable Services. Such Third Party Payroll Provider maintains their own terms with respect to Your use of their service, and either the Third Party Payroll Provider or Consort HR may provide you additional terms with respect to that service that You must agree to separately in order to utilize such services, and such terms may differ from those contained herein and may be changed from time to time, including certain terms from their service providers, such as Plaid, which You also agree to and are set forth herein and may also be noted within their service, as applicable. Notwithstanding anything to the contrary set forth herein, You agree Consort HR has no liability or responsibility to You with respect to the Third Party Payroll Provider services You choose to utilize, or the service they provide to You. To the extent such liability cannot be disclaimed, Consort HR's liability will be limited as set forth herein. To the extent Consort HR receives information from You or from such Third Party Payroll Provider about You it will be governed by the terms and conditions found at Consort HR.com/legal. You fully agree and understand that utilization of the Third Party Payroll Provider service is at your own risk, it is provided AS-IS, and Consort HR provides no representations, warranties, liabilities, or the like with respect to such service.
Third Party Payroll Provider may offer additional services, such as data transfer and transition services, which such services may be used solely at Your election and solely at Your discretion and risk. You understand Consort HR does not offer any of these services nor are any of these services part of the Consort HR Services described herein. In the event Consort HR is legally required to provide any Services Consort HR will agree to such in separate terms with You, and if no separate terms exist, the terms and conditions herein will apply.
You understand and agree that all data, content, personal information, and the like You send to the Third Party Payroll provider is at your sole risk and Consort HR is not liable for the election, sending, or treatment of such data content or information. Consort HR will make best efforts to limit its exposure to such data content or information by may receive it as a part of providing the Services, in which case it will be governed as Content, defined herein.
You agree Consort HR, or our Third Party Payroll Provider directly, may invoice You or automatically charge You for expenses, fees, fines, or other amounts pursuant to the Third Party Payroll Provider services You elect, as set forth herein.
9.2. Time and Attendance Services, specifically
You understand and agree that any time and attendance tracking services embedded within the Consort HR Service is a third party Service, provided to You through our third party time and attendance service provider (“Third Party T&A Provider”) and that Consort HR has no control, ownership, or the like over such Third Party T&A Provider. You are solely liable for the accuracy of all information provided to such Third Party T&A Provider, as well as solely liable for any fines, regulatory actions, damages, or the like that may result from your use of such Third Party T&A Provider service. Such Third Party T&A Provider maintains their own terms with respect to Your use of their service, and either the Third Party T&A Provider or Consort HR may provide you additional terms with respect to that service that You must agree to separately in order to utilize such services, and such terms may differ from those contained herein and may be changed from time to time. Notwithstanding anything to the contrary set forth herein, You agree Consort HR has no liability or responsibility to You with respect to the Third Party T&A Provider services You choose to utilize, or the service they provide to You. To the extent such liability cannot be disclaimed, Consort HR's liability will be limited as set forth herein. To the extent Consort HR receives information from You or from such Third Party T&A Provider about You it will be governed by the terms and conditions found at Consort HR.com/legal. You fully agree and understand that utilization of the Third Party T&A Provider service is at your own risk, it is provided AS-IS, and Consort HR provides no representations, warranties, liabilities, or the like with respect to such service.
9.3. Training Materials and Portal Services, specifically
You understand and agree that all training materials (“Third Party Training Materials” or “Materials”) and the training service itself (“Third Party Training Portal” or “Portal”) embedded within the Consort HR Service are third party Services and that Consort HR has no control, ownership, or the like over such Third Party Training Materials or Portal. You are solely liable for the accuracy of all information provided to such providers, as well as solely liable for any fines, regulatory actions, damages, or the like that may result from your use of such Third Party services. Such Third Party services maintain their own terms with respect to Your use of their service, and either the Third Party Materials or Portal providers or Consort HR may provide you additional terms with respect to that service that You must agree to separately in order to utilize such services, and such terms may differ from those contained herein and may be changed from time to time. Notwithstanding anything to the contrary set forth herein, You agree Consort HR has no liability or responsibility to You with respect to the Third Party Training Materials or Portal services You choose to utilize, or the service they provide to You. To the extent such liability cannot be disclaimed, Consort HR's liability will be limited as set forth herein. To the extent Consort HR receives information from You or from such Third Material or Portal provider about You it will be governed by the terms and conditions found at Consort HR.com/legal. You understand and agree that You should not depend on the Materials or the Portal for any legal, financial, tax, regulatory, or similar compliance and that You maintain sole responsibility and liability with respect to such compliance, and that the Materials or Portal do not guarantee compliance, nor does the content therein guarantee any compliance with any law, rule or regulation. You fully agree and understand that utilization of the Materials or Portal is at your own risk, it is provided AS-IS, and Consort HR provides no representations, warranties, liabilities, or the like with respect to such service.
9.4. Electronic Signature Services, specifically
In addition to the terms set forth above, You understand and agree that the Service offers the ability for You to issue electronic signatures, and such offering is provided by a third party (“Third Party Electronic Signature”) and Consort HR has no control, ownership, or the like over such Third Party Electronic Signature offering. You are solely liable for the accuracy of all information provided to such providers, as well as solely liable for any fines, regulatory actions, damages, or the like that may result from your use of such Third Party services. Such Third Party services maintain their own terms with respect to Your use of their service, and either the Third Party Materials or Portal providers or Consort HR may provide you additional terms with respect to that service that You must agree to separately in order to utilize such services, and such terms may differ from those contained herein and may be changed from time to time. Notwithstanding anything to the contrary set forth herein, You agree Consort HR has no liability or responsibility to You with respect to the Third Party Electronic Signature offering You choose to utilize, or the service they provide to You. To the extent such liability cannot be disclaimed, Consort HR's liability will be limited as set forth herein. To the extent Consort HR receives information from You or from such Third Party Electronic Signature provider about You it will be governed by the terms and conditions found at Consort HR.com/legal. You understand and agree that You should not depend on the Third Party Electronic Signature offering for any legal, financial, tax, regulatory, or similar compliance and that You maintain sole responsibility and liability with respect to such compliance, and that the Third Party Electronic Signature offering does not guarantee compliance. You fully agree and understand that utilization is at your own risk, it is provided AS-IS, and Consort HR provides no representations, warranties, liabilities, or the like with respect to such service.
9.5 Benefits Services, Specifically
In addition to the terms set forth above, You understand and agree that the Service offers the ability for You to enroll your organization and employees of your organization into certain benefits programs, like health and other related insurances, and such offering is provided by a third party (“Third Party Benefits”) and Consort HR has no control, ownership, or the like over such Third Party Benefits offering. You are solely liable for the accuracy of all information provided to such provider(s), as well as solely liable for any coverage options, elections, fines, regulatory actions, damages, or the like that may result from your use of such Third Party services. Such Third Party services maintain their own terms with respect to Your use of their service, and either the Third Party Materials or Portal providers or Consort HR may provide you additional terms with respect to that service that You must agree to separately in order to utilize such services, and such terms may differ from those contained herein and may be changed from time to time. Notwithstanding anything to the contrary set forth herein, You agree Consort HR has no liability or responsibility to You with respect to the Third Party Benefits offering You choose to utilize, or the service they provide to You. To the extent such liability cannot be disclaimed, Consort HR's liability will be limited as set forth herein. To the extent Consort HR receives information from You or from such Third Party Benefits provider about You it will be governed by the terms and conditions found at Consort HR.com/legal. You understand and agree that You should not depend on the Third Party Benefits offering for any legal, financial, tax, regulatory, or similar compliance and that You maintain sole responsibility and liability with respect to such compliance, and that the Third Party Benefits offering does not guarantee compliance. You fully agree and understand that utilization is at your own risk, it is provided AS-IS, and Consort HR provides no representations, warranties, liabilities, or the like with respect to such service.
10. YOUR CONTENT
By submitting any information, data, documents, descriptions, or the like (collectively and for the entirety of everything you submit to us, “Content”) to Us, You hereby represent and warrant that You (i) own all rights to the Content and/or, alternatively, that You have the right to give Us the license described below (including Your entering of any employee data), including the correct and legal permissions and consents for any personally identifiable information You may provide to, or upload by way of, the Consort HR Service(s), and (ii) are solely responsible for all of Your Content. You understand that certain content You submit on the Consort HR Service is intended to be shared with others, such as, if You are an Employee, sharing Your data with Your Employer or vice versa. You also understand and agree that Consort HR may download, access, modify, send, transmit, and create derivative works of Your Content for purposes of providing the Services or for the Third Party Services. You further represent and warrant that the Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third-party. We are not under any obligation to review any Content posted by Our Users on Our Services, although We reserve the right to do so with or without notice, to prevent or rectify any alleged violations of this Agreement or any applicable law. We reserve all defenses made available to Us by the Communications Decency Act and any other applicable laws, rules, or regulations. We may refuse to accept or display the Content, and may remove or delete all or any portion of the Content at any time. You understand that Consort HR is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of Consort HR. You agree to not attempt to identify the author or creator of content from individual users, Employees, or the like if anonymized or aggregated. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the Consort HR Parties with respect thereto. You understand and agree that Consort HR will not be liable for any treatment of Your Content as confidential and waive all rights with respect to any such claims of confidentiality. If You do not agree that Your Content will not be considered confidential, You must not use the Service. You agree and understand that we are not governed by HIPAA (the Health Insurance Portability and Accountability Act); and we do not and will not protect Your content as if it were HIPAA data, nor do we consider any of Your content as HIPAA data. If you are governed by HIPAA, you agree you will not disclose to Company, or store with Company, protected health information or personally identifiable health information (PHI). However, in the event Consort HR is governed by HIPAA. You agree that (1) We may aggregate and anonymize data to help improve our Service, analyze trends, and for any other industry standard purposes, (2) Your aggregated data may be used in large language models and other artificial intelligence applications at Our discretion, and (3) We can continue to use such aggregated and/or anonymized data subsequent to any termination as defined herein. You agree that We may collect certain data such as name, date of birth, salary, rates of pay, withholdings, banking, and other potentially confidential information to provide the Services, or to provide to our Third Party Service Providers in order to provide the Services to You and that Consort HR cannot guarantee the security or confidentiality of that data in its provision of the Services to You. You are solely responsible for the accuracy and completeness of Your Content, and Consort HR nor our Third Party Service Providers are liable for any claims, damages, or liabilities due to our reliance on such Content received from You.
11. INDEMNITY
You agree to defend, indemnify, and hold the Consort HR Parties (including all employees, directors, affiliates, subsidiaries and the like) harmless from and against any third-party claim, including reasonable attorney's fees, court costs, settlements, other fees, damages, and disbursements, from or relating to: (a) Your Content; (b) Your use of, misuse of, and access to the Services in violation of this Agreement; (c) Your violation of this Agreement; (d) Your violation of any law, rule, or regulation, or the rights of any third-party, including Your upload or provision of personally identifiable information through the Service; (e) any action, inaction, decision, or the like You make as a result of using this Service (f) Your use of any Third-Party Services, (g) any wage and hour allegations or any allegation, or that Consort HR is a co-employer, or any other employee or employer suit due to Your actions, and (h) any action taken by Consort HR in reliance upon or pursuant to any instructions or specific request of Employer including, but not limited to, the reversal of any electronic direct deposit to an account of an employee maintained at a bank or other financial institution, or the disbursement of any sums which Consort HR is authorized to withhold. Company reserves the right, at Your expense, to assume exclusive defense and control of any matter subject to this section.
12. LICENSING TO CONSORT HR
You will retain all rights to the Content uploaded or created on or through the Services. You hereby grant to Consort HR and its owners, affiliates, representatives, licensees, licensors, successors and assigns (the “Consort HR Parties”) a non-exclusive, fully paid, royalty-free, world-wide, universal, transferable license to display, modify, publicly perform, distribute, store, broadcast, transmit and reproduce Your Content, logo(s), service marks, trademarks and trade names in conjunction with the Services, including in developing, enhancing, and supporting the Services. You waive and agree never to assert any and all moral rights in and to all of the materials licensed in this Section. We reserve the right to display advertisements in connection with the Content
15. LIMITATIONS OF LIABILITY
Consort HR is not liable for: (a) any Content posted on Our Services; (b) contracts or other obligations that may arise between Users; (c) any damages that result through Your use of Our Services in violation of this Agreement; (d) any of the Third-Party Service(s) You may be provided pursuant to Your use of the Services; (e) any third-party personally identifiable information You upload or provide to Consort HR pursuant to the Services, (f) any claims, actions, damages, losses, or the like that arise from Your dependence on Our guidance or recommendations as noted in Section 2, or (g) any losses, damages, fines, fees, or the like that result regarding the payroll, time and attendance, or other similar services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL CONSORT HR BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, WHETHER OR NOT CONSORT HR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OUR SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SERVICES; (ii) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SERVICES; OR (iii) ANY OTHER MATTER RELATED TO THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL CONSORT HR BE LIABLE TO A USER, REGARDLESS OF WHETHER THE CLAIM IS BASED IN CONTRACT, TORT INCLUDING NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR MORE THAN THE GREATER OF: (A) THE TOTAL AMOUNT PAYABLE BY THE USER TO CONSORT HR FOR THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CAUSE OF ACTION FIRST AROSE; OR (B) ONE HUNDRED DOLLARS ($100). THIS SECTION ALSO INCLUDES, WITHOUT LIMITATION, ANY DAMAGES INCURRED BY YOU BY REASON OF ANY USE OF THE SITE, PLATFORM, CONTENT, PRODUCTS, OR OTHERWISE REFERENCED THROUGH THE SERVICES.
THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW.
Our licensors and service providers will have no liability of any kind under this Agreement. You may not bring any claim under this Agreement more than twelve (12) months after the cause of action arises.
You understand and agree that we have offered these services, and set our prices and other consideration, under reliance of these warranty disclaimers and the limitations of liability reflect a reasonable and fair allocation of risk between you and us, and without such disclaimers, limitations, and the like, we would not be able to provide any of the services to you on an economically reasonable basis.
16. INTELLECTUAL PROPERTY RIGHTS
The entirety of the Services, along with any logos, features, trademarks, designs, content (other than Your Content), or the like contained therein (“Marks”), are owned by or licensed to Consort HR, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Consort HR reserves all rights in and to the Services. You agree You will not use, copy, modify, or distribute any content contained within the Services beyond the authorized and lawful use hereunder. Any feedback, comments, or suggestions you provide to Consort HR (“Service Feedback”) is given voluntarily and Consort HR will be free to use, disclose, reproduce, or otherwise exploit such Service Feedback without limitation or restriction of any kind, with no payment or royalties owed to You.
17. DISCLAIMER OF WARRANTIES
SERVICES ARE PROVIDED TO YOU AS IS. CONSORT HR PARTIES EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS SUCH AS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT.
CONSORT HR PARTIES MAKE NO GUARANTEE THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (C) THE SERVICES WILL BE ACCURATE, COMPLETE, USEFUL, OR RELIABLE; (D) THE SERVICE OR GUIDANCE WILL YIELD ANY OUTCOME, OR THAT IT IS LEGALLY, FINANCIALLY, OR FROM A TAX PERSPECTIVE CORRECT OR COMPLIANT, OR (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH US AND OTHER USERS OF OUR SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT ANY COMMUNICATION SENT THROUGH THE SERVICE MAY BE VIEWED BY THIRD PARTIES AND, AS SUCH, ARE NOT CONSIDERED CONFIDENTIAL AND CONSORT HR HAS NO RESPONSIBILITY, CONTROL OVER, OR LIABILITY FOR THE CONTENT OF THOSE MESSAGES, ANY ATTACHMENTS TO THOSE MESSAGES, OR THE CHOSEN RECIPIENTS BY THE SENDER, WHETHER SENT THROUGH THE SERVICE, OR VIA YOUR PREFERRED E-MAIL SERVICE.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE, THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED PROVISION.
18. GENERAL RELEASE
You, all Users, and all third parties, are responsible for their acts and omissions and anything placed on or made available through any Company Services. In the event that You have a dispute with or claim against one or more Users or third parties, You release Company (and, as usual, our parents, subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, licensees, licensors, consultants, successors and assigns) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You also hereby release, discharge and hold harmless the releasees from and against any and all claims, whether at law or in equity, that You may have at any time (whether or not You are aware of any such claims), including claims for breach of contract, infliction of emotional distress, defamation, false light, common law or statutory misappropriation, invasion or other violations of any actual or purported right of privacy and/or publicity, and claims under equivalent federal or state laws arising from this Agreement, including Your accessing or using any Service(s) (collectively, the “Released Claims”). The Released Claims include any claim relating to, arising from or in connection with any use, exploitation or exercise of any right(s) granted hereunder. You understand and agree that all rights You may have under Section 1542 of the California Civil Code and any similar law of any state or U.S. territory, any similar federal law, or any similar common law or principle of similar effect, are hereby expressly waived. You acknowledge and understand that Section 1542 of the California Civil Code reads as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” You acknowledge that You may hereafter discover claims in addition to the ones released in this agreement, and You hereby expressly release releases from any such unknown and/or unsuspected claims and Released Claims. You acknowledge that, in the event of a breach of this agreement by Company or any third party, the damage, if any, caused to You thereby will not be irreparable or otherwise sufficient to entitle You to seek or obtain injunctive or other equitable relief. You acknowledge that Your rights and remedies in any such event will be strictly limited to the right, if any, to recover damages in an action at law, and You will not have the right to enjoin Company, nor to revoke or otherwise impair any of the rights granted to Company herein.
19. YOUR REMEDIES
Your only remedy with respect to any breach by us of any terms, including our Privacy Policy, any related or referenced documentation, violation of right or law in connection with this agreement or the services is to terminate your account and discontinue accessing or using any and all of the Consort HR services.
20. PRICING AND SUBSCRIPTION AGREEMENTS
Services, including any pricing, promotions, and trial periods, are as listed on our site and service, subject to change, correction, suspension or termination without notice, and may be offered on a per-Service or bundled offering. The fees charged for the Service(s) will be the price in effect at the time of the order, where applicable. Posted fee increases will only apply to orders placed after such changes, or as permitted for renewing and subsequent subscription terms. Changes to fees will not apply retroactively and will only apply after the conclusion of Your then-current subscription term. If You do not agree with the changes to the fees then You may elect not to renew the Services. Consort HR strives to display accurate price information, however Consort HR may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. Consort HR reserves the right to correct any errors, inaccuracies, or omissions at any time and to update fees at any time.
You agree to pay Consort HR all fees for access to the Services. All fees will be billed and paid in U.S. currency in accordance with Consort HR's current billing policies, including charging the then-current credit card of file (which You agree to keep up to date and active), and do not include taxes. You must provide any tax exempt certificates to Consort HR prior to purchasing any Services. Unless otherwise stated at the time of order, all fees will be charged to (and You hereby authorize the charge of) the then-current credit card on file for the subscription and any renewals. Unless otherwise stated herein, all fees are non-cancellable and non-refundable (including for partial use of the Services, suspension of an account and/or upon termination of these Terms). Until all Fees are paid in full, all past due amounts will bear an additional charge of the lessor of 1.5% per month or the maximum amount permitted under applicable Law. If Consort HR requires the use of collection agencies, attorneys or courts of law for collection of any Fees, You shall be liable for such fees.
For Services subject to usage specifications related to User or employee quantities (e.g. tiered Fees for a Service based on the quantity of Your employees), if during the Subscription Term, Your usage or Your Content indicates that an elevation of tier has occurred, You agree to pay Consort HR the Fees for the elevated tier. Any associated pricing change will be effective the following calendar day and: (a) for monthly Subscription Terms, a pro-rated fee for the remainder of the current monthly billing period on the elevated tier will be charged to the payment method on file and the subscription will renew at the elevated tier at the start of the next monthly billing cycle; (b) for annual Subscription Terms, a pro-rated fee for the remainder of the current annual billing period on the elevated tier will be charged to the payment method on file and the subscription will renew at the elevated tier at the start of the next annual billing cycle. For clarity, no change in usage will result in a reduction of fees, nor grant you any right to refund, credit, or cancellation.
It is your responsibility to keep all contact, billing, credit card, and other information up to date.
In the event Consort HR attempts to invoice or charge such fees to your payment method on file and such fees are rejected or unable to be processed, Consort HR will make additional good faith attempts to charge you the fees in the frequency originally stated, however, if Consort HR reasonably believes these fees have been rejected due to automated credit card or banking rejections, Consort HR will (i) notify you of such rejections, (ii) provide you the opportunity to correct such rejections at the amount and frequency originally stated, and (iii) if you do not correct such rejections, may modify your amounts and update your billing frequency in an attempt to avoid such rejections (however in any event, the total amount owed or charged for the term will not be modified by Consort HR). Any such modifications will be updated and reflected on your account records.
All subscription agreements, irrespective of duration of term (monthly, annually, or the like) automatically renew for subsequent terms of the same duration as the initial term at Consort HR's then current pricing. If you wish to not have your subscription agreement renew, you must notify Consort HR in writing no later than (a) thirty (30) days in advance of the renewal date of your annual subscription and (b) fifteen (15) days in advance of the renewal day of your monthly subscription.
If you wish to cancel your subscription, you may only do so per the notice requirement set forth above, and it will only be effective after the expiration of the subscription period in effect subsequent to the notice received.
If you do not cancel your subscription, Your payment method will continue to get billed at Consort HR's then current rates for subsequent renewal terms.
There are no refunds provided for any access to, or subscription services for, our Services, including for those subscriptions which have renewed for subsequent periods, and your sole remedy is to elect your termination rights of the Services as set forth herein.
21. TERMINATION
We may suspend or terminate the Services or Your account at Our discretion without explanation and notice, for any reason or no reason whatsoever, though We will strive to provide a timely explanation. Reasons for such suspension or termination may include, but are not limited to: (a) breaches of this Agreement (b) law enforcement request (c) Your modification to the Services (d) security issues or problems (e) periods of inactivity (f) fraudulent or illegal activities (g) nonpayment (f) Your or other's legal action against the company, or the like. In the event of Your breach of this Agreement, We will notify You of such breach, and in the event the breach can be cured, provide You thirty (30) days to cure such breach. If such breach remains uncured, We will terminate this Agreement with You as set forth herein. Consort HR will not have any liability whatsoever to You for any suspension or termination. All provisions of this Agreement which by their nature should survive termination shall survive termination, including ownership, success fees, warranty disclaimers, indemnity and limitations of liability.
Termination will (a) remove your access to all or part of the Services, (b) delete all of your login information, files, and related content (except to the extent Consort HR maintains such information as part of its standard practices), and (c) bar further use at Consort HR's sole discretion.
You may terminate your account at any time in the application, except that any termination of your account will have no effect on any subscription agreements currently in effect at the time of termination, which will remain in full force and effect for the remainder of their then-current term. Any method of termination request other than termination in the application will not be processed.
20.1 Of Subscriptions
You may cancel a subscription (so long as such subscription is 15 days in advance for monthly terms and 30 days in advance for annual terms), at the end of the then-current subscription period and no refunds will be provided (for instance, you may cancel your monthly subscription so that it does not automatically renew into the next month). Additionally You may cancel due to Consort HR's failure to cure a material breach of these terms within thirty (30) days following written notice, or in the event Consort HR ceases operations. You may cancel by logging into Your account and submitting a cancellation request. You must cancel before Your subscription renews as set forth herein. No refunds are provided for partial term subscription cancellations, and You will continue to have access to the Services for the remaining period of Your monthly subscription.
22. GENERAL
22.1 Dispute Resolution
**PLEASE READ THIS SECTION CAREFULLY**
Required Informal Resolution Process. You agree that you will, with respect to any dispute, claim, legal action, issue, or the like, and prior to any claim, filing, notice, arbitration, litigation, mediation, (all, a “Claim”) or the like will directly notify and allow Consort HR reasonable time to review, investigate, and respond to your Claim, and You agree to work reasonably and amicably with Consort HR on a mutually agreeable resolution to such Claim directly with Consort HR.
Arbitration Process. Any dispute not resolved within sixty (60) days per the informal mutual resolution set forth above shall be settled by binding and confidential arbitration so long as such claim is brought within the time frame set forth in the limitation of liability section herein. Arbitration shall be subject to the Federal Arbitration Act and governs the interpretation and enforcement of this Arbitration Agreement (which evidences a transaction involving commerce) and any arbitration proceedings pursuant to the same; the California Arbitration Act shall not apply. The arbitrator shall apply Federal or California State law to all other matters. The arbitration will be governed by the AAA's Commercial Arbitration Rules and, if applicable, the Supplementary Procedures for Consumer Related Disputes (if AAA is unavailable or does not provide arbitration, JAMS), and will be held in the jurisdiction in which You reside. You must send Consort HR a copy of any arbitration filing either via mail or email per the notice procedures set forth herein. Each party shall bear its own costs (including attorney fees), except that in the event you do not follow the procedures set forth herein, the Company shall be entitled to recover attorneys fees associated with an improperly initiated claim or arbitration. If you are seeking relief under $50,000 and are unable to pay arbitration costs the company will advance as much of the fees as necessary to prevent the cost of accessing arbitration for you from being prohibitive. Notwithstanding the foregoing, the Company may seek injunctive or other equitable relief to protect its intellectual property rights in any court of competent jurisdiction. YOU ARE HEREBY GIVING UP YOUR RIGHT TO GO TO COURT AND WAIVING ALL RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT, CLASS ARBITRATION, OR THE LIKE. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT, in the event of such review or litigation arises from such decisions YOU WAIVE ALL RIGHTS TO A JURY TRIAL and instead such disputes will be resolved by a judge. Any claims brought by You must be bought in an individual capacity, not as a class member in any representative proceeding. The arbitrator will not have authority to award damages in excess of the amount allowed by this Agreement. The arbitrator also shall be authorized to grant any equitable remedy or relief it deems just and equitable and within the scope of the Agreement. The arbitration award shall be final and binding upon the parties without appeal or review except as permitted by California law or United States federal law. No part of any dispute resolution shall be revealed to the public, except as may be necessary to directly enforce your rights or awards under such dispute, and the parties agree to keep all matters confidential and agree to seek to have court filings sealed. If a party incurs attorney fees as a result of enforcement of any decision or judgment, the opposing party agrees to pay all such reasonable fees. You agree that we may amend this arbitration process at any time, except that it will not apply to any proceedings currently in process. If you do not agree to the amended terms you must immediately discontinue Your use of the Services.
Except with respect to You giving up your right to participate in a class action lawsuit, if the arbitrator decides any part of this dispute resolution section is unenforceable, the remaining enforceable parts will still apply.
Excluded Disputes. The following disputes are excluded from arbitration: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief. As for (2), either your or the Company may elect to have any Dispute heard in a small claims court in the city or county where you reside, if the claim(s) underlying the Dispute is not aggregated with the claim(s) of any person and if the amount in controversy is properly within the jurisdiction of the small claims court.
22.2 Compliance and Choice of Law
Each party will comply with all laws applicable to this Agreement. This Agreement shall be governed by the laws of the State of California without giving effect to its principles regarding conflicts of law. All disputes shall be resolved exclusively in state or federal court in Los Angeles County, California. You acknowledge that the Services are of United States origin and agree to comply with all export laws and regulations of the United States.
You understand and agree that we may report to law enforcement any actions we may believe in our sole discretion may be illegal, fraudulent, or the like, and we may cooperate with law enforcement agencies, regulaties, or parties to an action, such as through investigations, requests for information, or the like.
22.3 Force Majeure
We will not be liable for any failure or delay in performance to the extent caused by any circumstances beyond Our reasonable control.
22.4 Severability; Headings
The unenforceability of any provision of this Agreement will not affect the enforceability of any other provision. If any provision of this Agreement is deemed to conflict with another, Consort HR will have the sole right to elect which provision remains in force. Headings are provided for convenience only
22.5 Non-Waiver and Remedies
We reserve all rights under applicable law. Our non-enforcement of any provision of this Agreement or under applicable law will not be construed as Our waiver of any enforcement rights under the same or different circumstances at any time in the future. All remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of other remedies available to either party at law, in equity or otherwise.
22.6 Entire Agreement
This Agreement contains the entire agreement of the parties and supersedes all other agreements and understandings with respect to the matters contained herein
22.7 Notice
You agree that We will provide notices and messages to You either within the Services or sent to the contact information that You provided Us. You are responsible for providing Consort HR with Your most current e-mail address. If You have provided an invalid email, or such address is not capable of receiving Consort HR notices, Consort HR's dispatch of such email will nonetheless constitute effective notice. You may give notice to Consort HR at the following address: 9511 Angola Ct, Ste 200, Indianapolis, IN 46268, Attn: legal, or via email to info@consorthr.com. Notices shall be deemed given when received by Consort HR delivered by overnight delivery service or first-class postage prepaid mail, or if via email when confirmed received by Consort HR.
22.8 Electronic Communications and Transmission
Any communication between You and Consort HR under or in connection with the Services may be made by electronic mail or other electronic means. You consent to receive communications from Consort HR electronically, and agree that all terms, conditions, or otherwise, provided to You electronically satisfy any legal requirement that would be satisfied if they were in writing. Neither party hereto shall argue that a contract was not formed hereunder based on either (i) the use of electronic means to deliver a signature or to indicate acceptance of this Agreement or (ii) the fact that any signature or acceptance of this Agreement was transmitted or communicated through electronic means; and each party forever waives any related defense.
For clarity, this provision will not limit Consort HR or its affiliates, agents, or the like from contacting You or your users via any other means, such as telephone, mail, email, text, and through social media, video sites, or the like.
22.9 California Users and Residents
Pursuant to California Civil Code Section 1789.3, questions about pricing, complaints, or inquiries must be addressed to Our agent for notice and sent via certified mail to: 755 S Los Angeles St 4th Floor, Los Angeles, CA 90014. California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
The provider of the Website is:
Provider: Consort HR LLC.
Phone: 1-(833) 477-4448
E-mail: info@consorthr.com
Address: 9511 Angola Ct, Ste 200, Indianapolis, IN 46268
22.10 Independent Contractors, Third Party Beneficiaries
The parties are independent contractors. Neither is an agent, representative, or related entity of the other. Neither have any right or power to bind the other to any obligation, liability, or agreement. This agreement creates no association, agency, co-employer, employer of record, or joint venture between the parties. Nothing expressed or referenced to in this Agreement will be construed to give any person or entity other than the Parties or their permitted successors and assigns expressly provided in this document any legal or equitable right, remedy or claim under or with respect to this Agreement. The foregoing does not apply to indemnification obligations.
22.11 Assignment
Except as set forth below, neither party may assign or transfer this Agreement including any rights or obligations hereunder without the prior written consent of the other party. Any such attempted assignment will be deemed null and void. However, we may assign this Agreement including all rights therein, without Your consent, to an entity that acquires all or substantially all of Our business and/or assets. This Agreement shall inure to the benefit of and be binding upon each party and its respective successors and permitted assigns.
22.12 Professional / Managed Services
You may have the option to purchase professional (or “managed”) services from Consort HR, including certain employment onboarding, performance, organizational and succession assistance from Consort HR to perform, or operationalize certain actions on your behalf (the “Professional Service(s)”). You acknowledge and understand that any decisions made by You pursuant to such Professional Services including any and all hiring, performance management, succession / termination, similar employment decisions, or otherwise, are the sole and exclusive determination of You, and Consort HR will not be responsible for any decisions made by You. Consort HR makes no representations, warranties, or guarantees with respect to the Professional Services and all of the terms set forth in this Terms of Service will apply at all times to these Professional Services. The term of these Professional Services will be as purchased and may not be terminated early by You. Consort HR disclaims all liability for actions taken by You pursuant to the Professional Services offered, and You understand that Consort HR makes no guarantee, promise, affirmation, or the like, regarding the results, intended or unintended, of its provision of the Professional Services, and You should not anticipate or depend on any result or conclusion from the Professional Services, as none can be guaranteed due to their nature. In addition to any indemnification obligations set forth in these Terms of Service, you further agree to defend, indemnify, and hold Consort HR (including all employees, directors, affiliates, subsidiaries and the like) harmless from and against any third party claim, including attorneys fees and other costs, from or relating to (a) content or information You or an employee provides to us (b) use or misuse of the Professional Services (c) any violation of this Agreement, (d) violation of law, rule, or regulation, (e) any action, inaction, decision, or the like You make as a result of using this Service (g) any wage and hour allegations, or that Consort HR is a co-employee, or (h) any action taken by Consort HR in reliance upon or pursuant to any instructions or specific request of You.
22.13 Modifications
THIS AGREEMENT IS SUBJECT TO CHANGE BY CONSORT HR IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, We will make a new copy of the Agreement available by posting on the Consort HR Site. We will also update the “Last Revised” date at the top of the Agreement. If We make any material changes, and You have registered to use the Services, We may also notify You via email or through the Services. Changes will be effective immediately. Consort HR may require You to provide consent to the updated Agreement. If You do not agree to any change(s) You agree to stop using the Services. Your continued use of the Services constitutes Your acceptance of any and all such change(s). YOU AGREE TO REGULARLY CHECK THE SERVICES TO VIEW THE THEN-CURRENT TERMS OF YOUR AGREEMENT WITH US.
22.14 Beta or Evaluation Usage
If Consort HR indicates any features of functionality as a beta or evaluation (referred to as the “Beta Service”), then You may use the Beta Service for a period of time as indicated by Consort HR, pursuant to Consort HR's then current fees for the Beta Service, if applicable.
NOTWITHSTANDING ANY OTHER PROVISION OF THE TERMS OF SERVICE OR ANY AGREEMENT YOU MAY HAVE DIRECTLY WITH CONSORT HR, YOUR USE OF THE BETA SERVICE WILL BE PURSUANT TO CONSORT HR'S THEN CURRENT TERMS OF SERVICE AND PRIVACY NOTICE. CONSORT HR PROVIDES THESE BETA SERVICE(S) “AS IS” WITHOUT ANY REPRESENTATIONS, WARRANTIES, REFUNDS, OR INDEMNIFICATION OF ANY KIND. Consort HR may discontinue, modify, or begin to charge for use of a Beta service at any time, and at their sole discretion.
22.15 Publicity
Consort HR may identify You as a customer or user of the Services and describe the general nature of its relationship with You on its website, in marketing materials, and other comparable marketing-related contexts.
22.16 Questions
If You have questions or comments, please send us a plain text note at info@consorthr.com without any attachments. We do not assure you that we will reply.