TERMS OF USE

Thank you for visiting our website. These Terms of Use are entered into between You and ABLY HR, LLC, (“Company” “Firm” “we” or “us”). The following terms and conditions, together with any policies expressly incorporated by reference (collectively, “Terms of Use”), govern your access to and use of this website, including any content, functionality, services, and digital guides, templates, and other digital products (collectively “Digital Products”) offered on or through our website www.ablyhr.com (collectively, our “Website”), whether as a guest or a registered user.

These Terms of Use is a legally binding agreement and applies to all users of our Website and services. Please read the Terms of Use carefully before you start to use the Website. Use of this Website represents that you have the right and capacity to enter into this Agreement. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered as a general audience Website for adults. By using this Website, you represent and warrant that you are at least 18 years old, or of legal age in your State or jurisdiction, to form a binding contract with the Company and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Website.

INFORMATION ON THIS SITE IS NOT LEGAL ADVICE

ABLY HR, LLC is not a law firm. The Website, including all blog posts, Digital Products, or other information, are for informational/educational purposes only. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. Neither the company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website or that the Website will otherwise meet your needs or expectations. Neither the Company nor anyone associated with the Company warrants that the Website, its related content, or any services obtained through the Website will be error-free, accurate, reliable, or uninterrupted, that defects will be corrected, that the Website or the server that makes it available are free from viruses or other harmful components. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. We are not legal or financial professionals and are not acting in any legal or financial professional capacity. Nothing on this Website or contained in the Digital Products should be construed as legal or financial advice.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on information on this Website is at your own risk. We disclaim all liability arising from any reliance placed on the information presented on this Website by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

CHANGES TO THE TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. These Terms of Use are binding on you, and you are expected to check this page regularly, so you are aware of any changes. By continuing to use our Website, you irrevocably agree to and accept any revisions.

PRIVACY

You consent and agree that all information you provide to us, and we collect, on this Website, including, but not limited to, using any interactive features on the Website, is subject to our Privacy Policy. By using this Website, you consent to all actions we take with respect to your information consistent with our Privacy Policy.

ACCESS AND USE OF WEBSITE

We reserve the right to modify or discontinue the Website or any part thereof, temporarily or permanently, with or without notice. You agree that ABLY HR, LLC will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period.

INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features, and functionality (including but not limited to all information, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Firm, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. These Terms of Use permit you to use the Website for your personal, non-commercial use only. Under no circumstances will you acquire any ownership rights or other interest in any content on this Website by or through your use of this Website.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

• You may store files that are automatically cached by your Web browser for display enhancement purposes.

• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

• If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site.

• Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than as set out in this section, please email your request to: hello@ablyhr.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

TRADEMARKS

The Company name, its trademarks, the Company logo, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use these trademarks without the prior written permission of the Firm. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

STOCK PHOTOGRAPHY

Our Website uses stock photography that was purchased for a fee. All stock images used have an irrevocable, non-exclusive copyright license to download, copy, distribute and use the photos for a fee, including for commercial purposes. Use of said stock photography is permissible under applicable laws without permission from the photographer or attributing the work to the photographer.

WEBSITE FOR PERSONAL USE

Our Website is solely for personal and non-commercial use. You may not use the content or other materials for any commercial purpose or for any noncommercial or commercial public display.

COPYRIGHT INFRINGEMENT NOTICE

If you believe your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify ABLY HR, LLC of your claim at hello@ablyhr.com, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). To be effective your notification must be in writing and include the following information:

1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;

2. Identification of the copyrighted work that you claim has been infringed;

3. A description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;

4. Your address, telephone number and email address; and

5. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright or intellectual property owner or authorized to act on behalf of the owner.

FEES

Fees for the products are set forth on the Website. Fees listed on the Website are not guaranteed. We reserve the right to change the fees at any time.

LIMITED, NON-EXCLUSIVE LICENSE FOR DIGITAL PRODUCTS

If you purchase Digital Products from ABLY HR, LLC you are granted one revocable, worldwide, non-exclusive license to the Digital Product purchased. You do not have the right to sell, share or transmit the Digital Product to anyone. If you violate this license, you will be charged for the licenses transmitted to others, and access to the Digital Product will be revoked. Digital Products are subject to any additional terms and conditions as agreed upon at time of purchase by the purchaser.

REFUND POLICY

Due to the immediate, direct access to our Digital Products, ABLY HR LLC does not offer a refund of any kind. Please read all product details and descriptions before purchasing a Digital Product to ensure you understand what you are buying. By submitting payment, you acknowledge and agree to all payment and purchase terms, including this Refund Policy. If you have any questions, please contact hello@ablyhr.com.

PAYMENT POLICY FOR ALL DIGITAL PRODUCTS

You agree and warrant that all payment instrument (e.g., credit card, Venmo, ACH, and other payment methods) and related information, e.g., billing address, that you use to purchase the Digital Products is correct and that you are authorized to use such payment instrument. You agree that you will request a refund from the Company prior to requesting a chargeback with your financial institution. We reserve the right to deny any refund requests in accordance with our Refund Policy. In the event you attempt to obtain a chargeback, you will forfeit access to products and services from and by the Company. Should you attempt to obtain a chargeback, we reserve our right to present proof of your consent to these Terms of Use, and your access to the products and services, to the relevant financial institution.

THIRD-PARTY WEBSITE LINKS AND CONTENT

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not liable to you, or any third party, for the content or accuracy of any materials provided by any third parties.

NO SPONSORED POSTS

There are no sponsored posts contained on this Website. We do not write sponsored posts or accept free products in exchange for reviews. Opinions expressed on our Website are our own. Any products or services that are linked from our Website have been purchased by us.

TERMINATION

We have the right to terminate or suspend your access to the Website for any or no reason including without limitation, any violation of these Terms of Use.

DISCLAIMER OF WARRANTIES AND ASSUMPTION OF RISK

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your specific requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. 

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

LIMITATION ON LIABILITY

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

INDEMNITY AND RELEASE 

You agree to defend, indemnify, and hold harmless ABLY HR, LLC, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to any use of the Website's content, services and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

SEVERABILITY

If any portion of this Terms of Use is deemed to be illegal or unenforceable, the remaining provisions of this Agreement remain in full force.

ENTIRE AGREEMENT

This Agreement constitutes the final, exclusive agreement between you and the Company regarding the use and access of the Website. All earlier and contemporaneous agreements, negotiations, understandings, representations and warranties between the you and the Company regarding the Website are expressly merged into and superseded by this Agreement.

CONTACT

This Website is operated by ABLY HR, LLC. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: hello@ablyhr.com.

LIMITATION ON TIME TO FILE CLAIMS

Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Website must be commenced within one (1) year after the cause of action accrues; otherwise such cause of action or claim is permanently barred.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any choice or conflict of law provision or rule.

BINDING ARBITRATION, VENUE AND CHOICE OF LAW

At our sole discretion, we may require You to submit any claims or disputes arising from the use of the Website, or any services or items obtained through the website, or these Terms of Use, including claims or disputes arising from or concerning the interpretation, violation, invalidity, non-performance, or the breach of the Terms of Use, to final, non-appealable, and binding arbitration under the Rules of Arbitration of the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall take place in Texas. The parties further agree that any arbitration proceedings shall be conducted by a single arbitrator selected by mutual agreement or, failing such agreement, appointed by the AAA. In adjudicating the dispute, the arbitrator shall apply the laws of the Texas without regard to conflict of law principals. Each party shall pay its own attorneys’ fees and costs and its proportionate share of arbitrator fees and the arbitration fees and expenses of the AAA. The parties waive any right to lead, pursue, or participate in any claims against each other in court, including any class action lawsuit and the right to a jury trial.  

The parties both further agree that prior to arbitration, the parties both will make a good faith effort to resolve the dispute without the necessity of outside intervention.