Terms of Use

  1. SCOPE OF AGREEMENT 

    This Terms of Use Agreement (“Agreement”) by and between the Traverse Area Human Resources Association (“we”, “us”, “our”, or “TAHRA”) and you (“you” or “your”) sets forth the terms and conditions that govern your use of the www.tahratc.org website and other TAHRA owned or controlled websites (collectively, the TAHRA Websites”) together with all information, content, products, materials, and services made available to you through the same by us and/or third parties (which together with the TAHRA Websites shall be collectively referred to as the Services”).  

    By using or otherwise accessing the Services, or any component thereof, in any manner whatsoever, you agree to be bound by and comply with all of the terms and conditions set forth in this AgreementIn addition, when using or otherwise accessing the Services, you shall be subject to any described, posted, linked, or otherwise referred to guidelines or rules applicable to such Services. All such guidelines and rules, if any, are hereby incorporated by reference into this Agreement, and together with this Agreement constitute the entire agreement between you and us, superseding any and all prior or inconsistent understandings, representations, or agreements regarding the Services 

    THUS, ANY USE OR ACCESS, WHETHER ATTEMPTED OR ACTUAL, OF THE SERVICES WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICES IN ANY MANNER. 

    We may add, delete or modify any of our Services at any time in our sole discretion. We may similarly change this Agreement at any time and we will notify you of any changes (e.g., we will post a revised Terms of Use with a new effective date, display the word "updated" next to the Terms of Use link on the TAHRA Websites, or otherwise). Changes will take effect once we notify you ("effective date"). You can always obtain a current copy of this Agreement at any time on the TAHRA Websites. If any change is not acceptable to you, you must stop using the Services. Your use of the Services after the effective date shall constitute your acceptance of such changes. If any new products or services become available, they will be considered a part of the Services and your use of them will be governed by the terms and conditions of this Agreement unless we notify you that different terms and conditions apply. You must also comply with any additional terms which apply to third-party content, material, information, software or other services. 

  2. INFORMATION AND PASSWORDS 

    You may be required to provide us with certain information in order to obtain access to and use certain features and functions of the Services including, without limitation, your name and your company’s name, login credentials (e.g., your email address and password), address, telephone number(s), email address, and/or applicable payment data for orders placed via the TAHRA Websites (e.g., credit card number, email address, and expiration date) (collectively, your “Information”). You represent, warrant and covenant to us that any and all Information and any other information or data you provide to us is and will be true, accurate and complete when given to us, and that in providing such information to us you will not knowingly omit or misrepresent any material facts or information. You further consent and authorize us to verify your Information as required for your use and access to the Services, as applicable. 

    Certain features and functions of the Services are not generally available to the public. In order to access and use such features and functions, we may require you to enter your email and password. Third parties may also, from time to time, provide you with additional codes or passwords necessary to perform certain transactions or otherwise access the Services. Your email, password, and any additional codes or passwords are collectively referred to herein as “IDs”. Your IDs are personal to you. You agree that you will not allow another person to use your IDs to access and use the Services under any circumstances. 

    You are solely responsible for maintaining the strict confidentiality of your IDs and for any charges, damages, liabilities and/or losses incurred or suffered as a result of your failure to do so. TAHRA is not liable for any harm caused by or related to the theft of your IDs, your disclosure of your IDs, or your authorization to allow another person to access and use the Services using your IDs. You agree to immediately notify us if you become aware of any unauthorized use of your IDs or other need to deactivate an ID due to security concerns.
     

  3. ACCESS TO AND USE OF THE SERVICES 

    You may not use or allow others to use, your IDs and/or the Services, directly or indirectly, nor upload, distribute, transmit, communicate, link to, publish or access any data, information or material through, using or otherwise in connection with the Services, that: (a) is libelous, defamatory, vulgar or obscene, pornographic, sexually offensive or explicit, harmful or harassing, threatening, hateful, racially, culturally, ethnically or otherwise objectionable or offensive, discriminatory or abusive; (b) violates any law or regulation or the rights of others; (c) causes duress, distress or discomfort to another or is likely to deter or discourage others from using the Services; and/or (d) infringes any intellectual property, privacy or proprietary rights or confidentiality obligations of others. You are solely responsible and liable for any such activity, behavior, use and conduct. We have no liability and you bear the sole and exclusive risk associated with use of or reliance on the accuracy, quality, completeness, reliability or usefulness of any data, information or material in connection with your IDs.

    You also may not use, nor allow others to use, your IDs, the Services, directly or indirectly, to: (a) attempt to or actually disrupt, impair or interfere with, alter or modify the Services or any information, data or materials posted and/or displayed via the TAHRA Websites by us or anyone else; (b) act in a way that negatively affects us and/or the Services; or (c) collect or attempt to collect any information from others including, without limitation, personally identifiable information, without such party's prior consent. You agree to comply with all local, state, federal laws, statutes, rules and regulations, as well as any international treaties, which are applicable to your use of the Services. 

    You are prohibited from violating or attempting to violate the security of the Services, including, without limitation: (a) accessing data not intended for you or logging onto a processor, communications or access device or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of the Services or to breach security or authentication measures, regardless of your motives or intent; (c) attempting to interfere with or disrupt the Services or services to any user, processor, host or network, including, without limitation, by submitting a virus, worm or Trojan horse; or (d) sending unsolicited e-mail or other information, including promotions or advertising. Violations of system or network security or this Agreement may result in civil or criminal liability. We have the right to investigate occurrences which may involve such violations and may involve, provide information to and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. 

  4. INTERACTIVE SERVICES 

    As a part of and in connection with your use of the Services, you may have the opportunity to provide suggestions and feedback to TAHRA, such as through surveys, focus groups or other means, as well as access to and use of discussion groups, chat rooms, bulletin boards and other interactive functionality ("Interactive Services"). If you participate in or use any Interactive Services, you are responsible for any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials and content ("Content") you upload, submit, post, link to or otherwise transmit (collectively "Transmit") and the consequences thereof.  YOU CAN BE HELD LEGALLY LIABLE FOR WHAT YOU TRANSMIT.  If you choose to Transmit any Content using such Interactive Services, you agree to do so solely for lawful purposes, in compliance with all applicable laws, and in a professional manner. You expressly agree that we have no responsibility for or control over the Content you may Transmit using these Interactive Services. You agree not to use the Interactive Services to post jobs, market products, solicit resumes, collect email addresses, or conduct surveys except where such activity may be expressly called out by TAHRA as the purpose of the Interactive Services or where such activity is expressly permitted under separate agreement with TAHRA. We make no representation that your use of the Interactive Services will comply with applicable laws or that they were designed to comply with the applicable laws. Additionally, we do not represent, warrant or guarantee the truthfulness, accuracy, quality, or reliability of any of the Content Transmitted via any Interactive Services. We also do not endorse any opinions expressed in or through any Interactive Services. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. 

    Although we do not actively monitor, regulate or pre-screen your use of the Interactive Services, to the extent permitted by law we reserve the unconditional right (but not the obligation) to remove, move or edit any Content we in our sole discretion consider harmful, offensive or unprofessional, disruptive, in violation of law, regulation or any agreement, including, without limitation: 
         - Content which is or may be in violation of this Agreement; 
         - Content that could reasonably be construed as a violation of federal, state or international law prohibiting anti-competitive activities or unfair trade practices; 
         - Content that infringes any other person or entity's copyright, trademark, service mark, trade dress or privacy-related rights; and 
         - Content that is unprofessional or is harmful to the image of the HR profession. 

    We have no liability or responsibility to you or any other person or entity for performance or nonperformance of such monitoring activities.  Persons found in violation of this Section may have their access to such Interactive Services blocked.  By Transmitting Content, you hereby grant to us a non-exclusive, worldwide, royalty-free, perpetual license, with right to sublicense, to reproduce, distribute, Transmit, create derivative works of, publicly display and publicly perform any Content you Transmit via the Interactive Services by all means and in any media now known or hereafter developed for any use or purpose, including, without limitation, the right to incorporate or implement the Content into any TAHRA product or service, and to display, market, sublicense and distribute the Content as incorporated or embedded in any such product or service without compensation to you. In addition, by using the Services, you agree to release TAHRA and its advertisers from any liability arising from Content Transmitted by anyone on the Interactive Services, and you agree to release, hold harmless, indemnify and defend TAHRA and its advertisers from any and all legal or civil actions and penalties and costs, including without limitation attorneys' fees, arising from any Content you Transmit.

  5. PURCHASES 

    All goods and services offered for sale on the TAHRA Websites shall be collectively referred to herein as “Products.” Unless otherwise required by law, TAHRA has no responsibility or liability whatsoever for Products you may obtain from or through the TAHRA Websites or other websites, even if you were directed or linked to such a site through the TAHRA Websites. You agree that your sole and exclusive remedy and our sole, exclusive and maximum liability arising from or relating in any way to any Products shall be the amount you actually paid us (or our suppliers or other e-commerce partners) for such Products. 

    If any Products are listed at an incorrect price or with incorrect information, we reserve the right to refuse or cancel orders placed for such Products, whether or not the order has been confirmed and even if your account has been charged (in which event we will issue a credit to your account in the amount of the charge).  

    Our creation or transmission of an order confirmation does not signify acceptance of your order, nor constitute a binding confirmation of an offer to sell any Products and we reserve the right to accept or decline your order for any reason up until the time the Products are actually delivered to you. We reserve the right at any time, without prior notice, to limit or reduce the quantity you ordered of any Products and we will notify you if we do so. Products are offered for sale only to end user customers or as personal gifts to end user customers and not for resale. 

    You are responsible for any taxes imposed on the sale or use of Products and applicable taxes may be added to the amount charged for Products purchased on the TAHRA Websites.

  6. INTELLECTUAL PROPERTY 

    The content displayed or otherwise made available via the Services (directly or indirectly), including, without limitation, all text, graphics, images, button icons, programs, software and other data, content, information and materials, tangible and intangible, and all intellectual property rights in and to the same, excluding the Content you Transmit via Interactive Services (collectively, the "Material"), are owned by or licensed to us or our third party partners.  In addition, all names, service marks, logos, brands, brand names, trade dress and trade names, and any other distinctive identification are trademarks owned by us, or licensed to us or our third-party partners (the “Trademarks”). 

    You have no rights in or to such Material or Trademarks and you will not use any Material or Trademarks, except as specifically permitted under this Agreement. You may not do or allow anyone else to do anything with the Material or the Trademarks which is not specifically permitted under this Agreement.  You may not use or display the Trademarks in any manner without our prior written permission.  Our Trademarks may not be used in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. 

    Unless otherwise specifically set forth on the TAHRA Websites or we give you written permission, you may only use and access, download and copy the Material for your personal use, and you will not alter, erase or otherwise obscure our copyright, trademark proprietary or other notices on the Material. You acknowledge and agree that the Material is made available for informational and educational purposes only without representation or warranty of any kind, is not a substitute for legal advice or your professional judgment, and unless otherwise specifically specified on the TAHRA Websites, should not be construed as an endorsement by or representation of the opinions of TAHRA. We do not give legal advice. Your reliance upon Material obtained by you on or through the Services is solely at your own risk. You agree to comply with all notices and requirements accompanying third-party Material. All rights not expressly granted in this Agreement are reserved to us. 

    TAHRA respects the intellectual property rights of others. Anyone who believes that their intellectual property rights have been infringed upon in connection with the TAHRA Websites and/or Services should contact TAHRA by email at info@tahratc.org or by mail at P.O. Box 1656, Traverse City, MI 49685.

  7. LINKS TO THIRD-PARTY WEBSITES 

    TAHRA may provide hyperlinks to third-party websites as a convenience to users of the TAHRA Websites. TAHRA does not control third-party websites and is not responsible or liable for the availability, contents, advertising, products, services, or other materials of any linked-to, third-party websites or any hyperlink in a linked-to website. TAHRA does not endorse, recommend or approve any third-party website hyperlinked from the TAHRA Websites. TAHRA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such contentsadvertising, products, services, or other materials made available on or through such linked-to, third-party websites or resources.

  8. NO REPRESENTATIONS OR WARRANTIES; LIMITATIONS ON LIABILITY 

    THE TAHRA WEBSITESSERVICES, AND PRODUCTS ARE PROVIDED TO YOU ON AN "AS IS, AS AVAILABLE" BASIS, AND YOUR USE THEREOF IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT OR OTHERWISE REQUIRED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE TAHRA WEBSITES AND SERVICES, ANY PRODUCTS MADE AVAILABLE TO YOU IN CONNECTION THEREWITH, OR YOUR ACCESS TO OR USE OF ANY OF THE FOREGOING, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND/OR NON-INFRINGEMENT, OR ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. UNLESS OTHERWISE REQUIRED BY LAW, WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE TAHRA WEBSITES AND/OR OUR SERVICES ARE ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. THE SERVICES DISPLAYED ON OR OFFERED THROUGH THE TAHRA WEBSITES ARE OFFERED FOR INFORMATIONAL PURPOSES ONLY; TAHRA SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, USEFULNESS, OR AVAILABILITY OF ANY INFORMATION TRANSMITTED OR OTHERWISE MADE AVAILABLE VIA THE TAHRA WEBSITES OR SERVICES, AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY ERROR, OMISSION, OR INACCURACY IN THAT INFORMATION. FURTHER, UNLESS REQUIRED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR YOUR ACCESS TO AND USE OF THE TAHRA WEBSITES AND SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE SECURE. 

    TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER TAHRA, ITS MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ASSIGNS, LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO (WHETHER ACTUAL OR ATTEMPTED) THE TAHRA WEBSITES AND SERVICES OR ANY INFORMATION CONTAINED THEREIN,  REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT TAHRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

    IN THE EVENT YOU HAVE ANY DISPUTE WITH ONE OR MORE THIRD PARTIES AS A RESULT OF YOUR USE OR ACCESS OF (WHETHER ACTUAL OR ATTEMPTED) THE TAHRA WEBSITES OR SERVICES (INCLUDING THE INTERACTIVE SERVICES), OR ARE IN ANY WAY DAMAGED AS A RESULT OF ANY THIRD PARTY IN CONNECTION THEREWITH OR ANY INFORMATION CONTAINED THEREIN, YOU HEREBY RELEASE AND COVENANT NOT TO SUE OR OTHERWISE MAKE A CLAIM, DEMAND OR FILE ANY LEGAL ACTION OR INSTITUTE ANY LEGAL OR REGULATORY PROCEEDINGS AGAINST US, OUR MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, ASSIGNS, LICENSORS, SUPPLIERS, PARNTERS, AND AFFILIATES FROM AND FOR ANY CLAIMS, ACTIONS, DEMANDS OR DAMAGES (WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR ANY OTHER FORM OF DAMAGES), OF WHATEVER KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, WHETHER FORESEEABLE OR NOT, DISCLOSED OR UNDISCLOSED. 

  9. INDEMNIFICATION 

    You agree to indemnify, defend and hold harmless TAHRA and its members, managers, officers, directors, employees, agents, representatives, assigns, licensors, supplies, partners, affiliates, and/or third-party service providers, from and against any and all claims, losses, costs, expenses, liabilities, and damages (including reasonable attorneys' fees, expert frees and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to or associated with any claim or action based upon (a) your breach of the terms and conditions of this Agreement, (b) your use of the Services, and/or (c) the use of the Services by any other person using your IDs.  We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and on notice to you, to assume, exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end. 

  10. TERMINATION 

    We may terminate this Agreement, restrict, suspend or terminate your access to and use of the Services immediately and without notice or liability, with or without cause, and it will not limit any other rights or remedies which are available to us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use or access the Services. Termination is your sole right and exclusive remedy if you are not satisfied with the Services. Upon the effective date of any such termination, your right to access and use the Services shall immediately cease. 

  11. GOVERNING LAW AND JURISDICTION 

    This Agreement shall be interpreted in accordance with the laws of the State of Michigan, without regard to conflicts of law principles. Any action arising out of or in any way related to this Agreement or the use of or access to (whether actual or attempted) the TAHRA Websites and Services or the information contained therein shall be instituted in the State of Michigan. 

  12. CHANGES TO THESE TERMS OF USE 

    TAHRA reserves the right to change these Terms of Use at any time by posting new Terms of Use at this location. Your use of the TAHRA Websites and Services after the effective date constitutes your acceptance of such changes. 


LAST UPDATE 

This Terms of Use was last updated effective August 2019. 


CONTACT INFORMATION 

Questions or comments regarding the Website should be sent by email to [email protected] or by mail to TAHRA, P.O. Box 1656, Traverse City, MI 49685.