Paycorp HR INC Terms & Conditions

Last updated: March 15, 2021

Please read our Terms & Conditions (the ‘Terms’) carefully before using this site.

Your access to and use of Service (paycorphr.com) is conditioned on your acceptance of and compliance with these Terms, including the Limitation of Liability and  below.

• Termination
• Content
• Links to Other Websites
• Limitation of Liability
• Dispute Resolution, Arbitration Agreement, And Class Action Waiver
• Disclaimers
• Access and Use of the Services
• Your E-mail Address and Data: Our Privacy Policy; Data Transmittal
• Conditions of Use
• Intellectual Property Rights
• Changes
• Contact Us

These Terms apply to all visitors, users, and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms, you may not access the Service.

These Terms apply to the websites operated by Paycorp HR INC and any of its affiliates (“Websites” or each individually “Website”) on which these Terms are displayed. These Terms also apply to your use of any goods, facilities, or services offered through the Websites, including, but not limited to any of Paycorp HR INC’ online content, tools, and services related to the workers compensation/PEO services, whether accessed on the Websites or through third-party websites, mobile sites, and/or applications (collectively, such services, including any new features and applications, and the Site, the “Services.”)

By accessing, browsing, or using the Websites, you acknowledge that you understand, accept, and agree to be bound by this Terms of Service, as well as our Privacy Policy, which is incorporated into this Terms of Service by reference. You agree that, to the fullest extent required by the law of any state, you have been provided with, have received, and are agreeing to all disclosure and consent requirements. Certain Services may include additional terms and by agreeing to proceed with any such Services you acknowledge that you have read, understand, and agree to be bound by any additional terms displayed or referenced that apply to that Service.

• For purposes of this Agreement, “you,” or “your” means the person(s) using the Websites and/or the Services, and any person(s) for whom such person(s) are acting as an agent with respect to the Websites and/or the Services.
• “HR,” “us,” or “we” means Paycorp HR INC and any of its affiliates.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms, which by their nature should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Content

Content shared on this site is wholly owned by Paycorp HR INC. It is copyrighted and all rights are reserved. You may not use any portion of content posted on this site without express permission from Paycorp HR INC.

Links to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by Paycorp HR INC. Paycorp HR INC has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Paycorp HR INC 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 content, goods or services available on or through any such websites or services.

Limitation of Liability

IN NO EVENT WILL HR OR ITS AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, CONSULTANTS, CONTRACTORS, AGENTS, AND/OR EMPLOYEES (COLLECTIVELY, THE “HR PARTIES”), OR ANY THIRD-PARTY PROVIDER OF A SERVICE OR TOOL OFFERED ON ANY SITE OF A MEMBER OF THE HR PARTIES (EACH A “THIRD-PARTY PROVIDER”), BE LIABLE FOR ANY LOST REVENUES OR PROFITS OR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM:

• (A) OUR WEBSITES,
• (B) THE SERVICES,
• (C) THESE TERMS,
• (D) ANY BREACH OF THESE TERMS BY YOU OR A THIRD PARTY,
• (E) USE OF THE WEBSITES, TOOLS, OR SERVICES WE PROVIDE, OR ANY THIRD PARTY PROVIDER PROVIDES, RELATED TO THE BUSINESS WE OPERATE ON THE WEBSITES, BY YOU OR ANY THIRD PARTY,
• (F) ANY USER CONTENT,
• (G) INTERACTION BETWEEN OUR WEBSITES AND ANY THIRD PARTY SITE, INCLUDING WITHOUT LIMITATION A SOCIAL MEDIA SITE, FACILITATED BY A TOOL OR SERVICE ON OUR WEBSITES, AND/OR
• (H) ANY ACTUAL OR ATTEMPTED COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION, ANY PAYMENT TRANSACTION (EVEN IF WE OR ANY THIRD PARTY PROVIDER RECEIVES A FEE IN CONNECTION THEREWITH) BETWEEN USERS, IN EACH CASE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) STRICT LIABILITY, (4) TORT, (5) NEGLIGENCE, OR (6) ANY OTHER CAUSE OF ACTION, TO THE MAXIMUM EXTENT SUCH EXCLUSIONS AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.

IF YOU ARE DISSATISFIED WITH THE WEBSITES, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANY THIRD-PARTY PROVIDER, OR ANY USER OF THE WEBSITES WITH RESPECT TO THESE TERMS OR THE WEBSITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE WEBSITES. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF ANY MEMBER OF THE HR PARTIES, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE WEBSITES OR SERVICES IS LIMITED TO $100.00 IN THE AGGREGATE FOR ALL CLAIMS.

Dispute Resolution, Arbitration Agreement, And Class Action Waiver

Any dispute relating in any way to your visit to, or use of the Websites, the Services, these Terms, any other products or services offered through the Website, any telephone calls, emails, or text messages that you receive from us or Third-Party Providers, or otherwise related to this Agreement (“Disputes”), shall be resolved exclusively through confidential arbitration, rather than in court, and shall be governed exclusively by the laws of the State of Florida, without regard to principles of conflict of laws. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. Further, any question as to the validity of this Arbitration Agreement shall be submitted to confidential arbitration and decided by an arbitrator. All claims arising under the Telephone Consumer Protection Act and state telemarketing and email marketing laws shall be considered “Disputes” that are subject to resolution by binding individual, confidential arbitration.

If a Dispute arises under this Agreement, you agree that any and all Disputes, including the validity of this arbitration clause and class action waiver, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you or telephonically. Either you or we may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party. We will pay all of the filing costs. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’s rules are available at http://www.adr.org. A form for initiating arbitration proceedings is available on the AAA’s site at http://www.adr.org. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content or results of any arbitration hereunder without the prior written consent of both parties. Without limiting the foregoing, YOU EXPRESSLY AGREE TO SUBMIT TO ARBITRATION ALL DISPUTES RELATING TO ANY TEXT MESSAGES OR TELEPHONE CALLS YOU RECEIVE FROM OR ON BEHALF OF US OR ANY ENTITY WITH WHOM WE MAY SHARE YOUR TELEPHONE NUMBER (INCLUDING SERVICE PROVIDERS).

Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Florida: (i) an action by us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (ii) any legal action by us against a non-consumer; and (iii) interactions with governmental and regulatory authorities. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement may be joined to an arbitration involving any other party subject to this Agreement, whether through a class action, private attorney general proceeding, class arbitration proceedings or otherwise. If an arbitrator or court decides that any part of this arbitration agreement is invalid or unenforceable, the other parts of this arbitration agreement shall still apply; however, if an arbitrator or court decides that the class action waiver is invalid or unenforceable, then the entirety of this arbitration agreement shall be null and void.

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. You shall have thirty (30) days from the earliest of the date that you visit the Websites or the date you submit information through the Websites to opt out of this arbitration agreement, by contacting us by email at: admin@paycorphr.com or by mail at:

4475 U.S. 1 Suite Unit 301 St. Augustine

Miami, FL 32086

Attention: Legal Department

If you do not opt out by the earliest of the date that you visit the Website, or the date you submit information to us through the Website, then you are not eligible to opt out of this arbitration agreement.

Disclaimers

THE WEBSITES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE WEBSITES, ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE WEBSITES OR THE SERVICES, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES, OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE WEBSITES OR ANY LINKED SITE. FURTHER, WE EXPRESSLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THE WEBSITES OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM OUR WEBSITES ARE NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER-CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTENT TO US AND BY POSTING INFORMATION ON OUR WEBSITES, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND THE SERVICES IS AT YOUR SOLE RISK.

Access and Use of the Services

Services Description: The Services are designed to provide prospective insureds with information about insurance products, and/or service providers, and the insurance markets through the Services’ content and tools. Paycorp HR INC provides such information, content, and tools as part of the Services but is not a lender, or an insurance company, or insurance agent itself. Any transaction to which you are a party is solely transacted between you and the applicable insurer, and/or service provider and is not a part of the Services. Additionally, when you submit your information through our Websites, one of our partners may return multiple products for you. Paycorp HR INC will occasionally highlight a product or offer as a Featured Offer. We select which offer to feature based on a number of factors, including, but not limited to, your stated preferences, compensation we receive from the partner, and the order of products returned by our partner. By displaying this Featured Offer, we are neither making a recommendation of the product nor endorsing the product.

Paycorp HR INC also provides insurers, and/or service providers with information about prospective insureds, as described in our Privacy Policy.

Your Registration Obligations: You may be required to register with Paycorp HR INC in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Services’ registration form or one of our tools or forms that appears on a third-party website, mobile site, or application. Registration data, information that you enter into our tools or forms, and certain other information about you are governed by our Privacy Policy. Paycorp HR INC will not be liable for any loss or damage arising from your failure to comply with this section.

Modifications to Services: Paycorp HR INC reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Paycorp HR INC will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services.

General Practices Regarding Use and Storage: You acknowledge that Paycorp HR INC may establish general practices and limits concerning use of the Services, including without limitation, the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted to Paycorp HR INC’ servers on your behalf. You agree that Paycorp HR INC has no responsibility or liability for the deletion of or failure to store any data or other content maintained by or uploaded to the Services. You further acknowledge that Paycorp HR INC reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice. You additionally acknowledge that Paycorp HR INC may utilize certain internal or third-party services to record your session and activity while visiting its Websites, including, but not limited to, the use of Jornaya to record a LeadId and to capture data that was entered on a website form by you during the Website visit on a specific date and time as well as the content of the Website itself to which you were exposed and actions that you took.

Mobile Services: The Services include certain services that may be available via a mobile device, including (i) the ability to submit information or upload content to the Services via a mobile device and (ii) the ability to browse the Services and the Site from a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices.

By using the Mobile Services and/or providing your mobile telephone number to us through the Services, you agree that you are providing express written consent for Paycorp HR INC to share your information with its partners and that Paycorp HR INC and its partners are authorized to contact you at the telephone number you have provided, including by telephone call, SMS, MMS, text message, or other electronic means to your mobile device, including through the use of automated dialing or prerecorded or artificial messages, even if your telephone number is listed on Federal, State, or other jurisdictions Do Not Call List or have otherwise opted in to the Paycorp HR INC Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List, and that normal message and data rates may apply. Message frequency varies. To opt out of receiving future messages, please reply “STOP” to any message. For additional support or information, please email admin@paycorphr.com.

In the event you change or deactivate your mobile telephone number, you agree to promptly update information that you have submitted to us to ensure that your messages are not sent to the person that acquires your old number.

Your E-mail Address and Data; Our Privacy Policy; Data Transmittal

When you provide your e-mail address, name, or other information to us in connection with your use or access to our Websites or Services, any other service or tool provided on the Websites or otherwise, you agree to allow the Websites and any of its affiliated websites and partners to add your e-mail address, name, or other information provided to our database of users. You may receive one or more promotional e-mails from either the Site or a website of one of Paycorp HR INC’ affiliates or partners. You are welcome to opt not to receive such promotional e-mails from the Site or such affiliates’ or partners’ websites at any time. Please review our Privacy Policy for more information regarding our email and other data collection practices and safeguards, and how to opt not to receive such emails. Your use of the Site signifies your acknowledgment of, and agreement with, our Privacy Policy. We adhere to strong principles of privacy. You agree that we may access and use your user-contributed content in accordance with these Terms of Service or our Privacy Policy, and we agree that we will only disclose your user-contributed content in accordance with these Terms of Service and our Privacy Policy.

Additional Electronic Notices: By using the Services, you further agree that we may communicate with you electronically via email regarding security, privacy, and administrative issues relating to your use of the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Services or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please notify us at info@paycorphr.com.

Conditions of Use

User Conduct: You are solely responsible for all information, data, text, software, messages, or other materials that you submit or upload to the Services or otherwise use via the Services (“User Content”). Paycorp HR INC reserves the right to investigate and take appropriate legal action against anyone who, in Paycorp HR INC’ sole discretion, violates this provision, including without limitation, removing the offending content from the Services, blocking such violator’s access to the Services, and reporting the violator to law enforcement authorities. You agree to not use the Services to:

1. a) email or otherwise submit or upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to submit or upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically, or otherwise objectionable; or (vii) in the sole judgment of Paycorp HR INC, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Paycorp HR INC or our users to any harm or liability of any type;
2. b) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services;
3. c) violate any applicable local, state, national, or international law, or any regulations having the force of law;
4. d) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
5. e) solicit personal information;
6. f) harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
7. g) commit, further, or promote any criminal activity or enterprise; or
8. h) obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.

Intellectual Property Rights

Service Content, Software, and Trademarks: You acknowledge and agree that the Services may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret, or other proprietary rights and laws. Except as expressly authorized by Paycorp HR INC, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally submit or upload to the Services. You may not remove or alter any proprietary notices or marks on the Services or any portion thereof. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith is the property of Paycorp HR INC, our affiliates, and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Paycorp HR INC.

The Paycorp HR INC name and logos are service marks of Paycorp HR INC. Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Paycorp HR INC. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Paycorp HR INC service marks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of the Paycorp HR INC service marks will insure to our exclusive benefit.

Third-Party Material: Under no circumstances will Paycorp HR INC be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Paycorp HR INC does not pre-screen content from third parties, but that Paycorp HR INC and our designees will have the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, Paycorp HR INC and our designees will have the right to remove any content that violates these Terms of Service or is deemed by Paycorp HR INC, in our sole discretion, to be otherwise objectionable. 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.

User Content Transmitted Through the Service: With respect to your User Content, you represent and warrant that you own all right, title, and interest in and to such User Content, including, without limitation, all copyright and rights of publicity contained therein. By uploading any User Content, you hereby grant and will grant Paycorp HR INC and our affiliated companies and partners a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services, in any form, medium, or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Services (“Submissions”) provided by you to Paycorp HR INC are non-confidential. Paycorp HR INC will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Paycorp HR INC may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Paycorp HR INC, our users, and the public. You understand that the technical processing and transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You acknowledge, agree, and authorize that (a) your information may be sent by us to insurance companies, brokers, and/or service providers on your behalf, (b) your information may be used in order to make sure you are who you say you are, (c) such insurance companies, and/or service providers, to the extent permitted by applicable law, may obtain consumer reports and related information about you from one or more consumer reporting agencies, such as TransUnion, Experian, and Equifax, and (d) your information may be used to make certain prequalification and other credit decisions or decisions regarding insurance products and/or their issuance thereof.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We encourage you to periodically review these Terms to be informed.

Contact Us

If you have any questions about these Terms, please contact the marketing and communications department at admin@paycorphr.com.