Terms & Conditions

Last updated November 20, 2023

These terms and conditions (the "Terms and Conditions") govern the use of www.smfhrsolutions.com (the "Site"). This Site is owned and operated by SMF HR Solutions LLC. This Site is a HR consulting Service. 

By using this Site, you indicate that you have read and understand these Terms and Conditions and agree to abide by them at all times. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY. 

Intellectual Property 

All content published and made available on our Site is the property of SMF HR Solutions LLC and the Site's creators. This includes, but is not limited to images, text, logos, documents, downloadable files, and anything that contributes to the composition of our Site.

Content Rights and Ownership

All content provided or otherwise made available by SMF HR Solutions LLC, including, without limitation, text, graphics, images, music, software, audio, video, concepts, methods of operation, works of authorship of any kind, and information or other materials appearing on or emanating to and/or from SMF HR Solutions LLC, as well as their overall design and appearance (the “Content”) is owned, controlled or licensed by or to SMF HR Solutions LLC and is protected by intellectual property rights and unfair competition laws within and outside of the United States. Content also includes any Content that Members (including you) provide or make available through SMF HR Solutions LLC (“Member Content”).

Subject to your compliance with these Terms and Conditions, SMF HR Solutions LLC hereby grants you a limited, non-exclusive, non-transferable, non-sub-licensable license to download, view, copy and display the Content solely in connection with your permitted use of the SMF HR Solutions LLC.

By making Member Content available through the SMF HR Solutions LLC, you hereby grant SMF HR Solutions LLC a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable and transferable license to use, copy, reproduce, modify, adapt, translate, create derivative works based upon, distribute, publicly display, perform, distribute and communicate by means of telecommunication your Member Content in connection with operating and providing our SMF HR Solutions LLC, and Content to you and other Members.

You are solely responsible for all of your Member Content. You represent and warrant that you own all of your Member Content or have the necessary rights to grant us the license rights in your Member Content as described under these Terms and Conditions. You also warrant and represent that neither your Member Content, or the use and provision of such through the SMF HR Solutions LLC, nor any use of the Member Content by SMF HR Solutions LLC on or through SMF HR Solutions LLC will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Age Restrictions 

Services are intended solely for Members who are 18 years of age or older, thus possessing legal capacity. Any registration by, use of, or access to the Website by anyone under 13 years of age is unauthorized, unlicensed, prohibited, and in violation of these Terms. Minors between the ages of 14 and 18 may register to use these services only with the written permission of a parent or legal guardian. By using these services, you represent and warrant that you are 18 years of age or older and that you agree to abide by all of the terms and conditions presented herein or have the written permission of a parent or legal guardian to use these services.

 

User Representations

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).

Acceptable Use 

As a user of our Site, you agree to use our Site legally, not to use our Site for illegal purposes, and not to:

• Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
• Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
• Use any information obtained from the Site in order to harass, abuse, or harm      another person.
• Make improper use of our support services or submit false reports of abuse or misconduct.
• Use the Site in a manner inconsistent with any applicable laws or regulations.
• Use the Site to advertise or offer to sell goods and services.
• Engage in unauthorized framing of or linking to the Site.
• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
• Engage in any automated use of the system, such as using scripts to send comments or      messages, or using any data mining, robots, or similar data gathering and extraction tools.
• Delete the copyright or other proprietary rights notice from any Content.
• Attempt to impersonate another user or person or use the username of another user.
• Sell or otherwise transfer your profile.
• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services      connected to the Site.
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
• Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site. 

If we believe you are using our Site illegally or in a manner that violates these Terms and Conditions, we reserve the right to limit, suspend or terminate your access to our Site. We also reserve the right to take any legal steps necessary to prevent you from accessing our Site.

User Generated Contributions 

The Site does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
• You have the written consent, release, and/or permission of each and every identifiable      individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site. 

Contribution License 

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation to you.
 

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights, or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

Limitation of Liability 

You acknowledge and agree that neither SMF HR Solutions LLC and our directors, officers, agents, employees, subsidiaries, heirs, successors, assigns, and affiliates (collectively “SMF HR Solutions LLC”) nor any of their affiliates, account providers or any of their affiliates will be liable for any harms, for example but not limited to: direct, indirect, incidental, special, consequential, punitive, or exemplary damages, damages for loss of profits, goodwill, use, data or other intangible losses, even if SMF HR Solutions LLC have been advised of the possibility of such damages, resulting from: (i) the use or the inability to use the services; (ii) the cost of getting substitute goods and services; (iii) any products, data, information or services purchased or obtained or messages received or transactions entered into, through or from the services; (iv) unauthorized access to or alteration of your transmissions or data; (v) statements or conduct of anyone on the site and services; (vi) the use, in ability to use, unauthorized use, performance or non-performance of any third party account provider site, even if the provider has been advised previously of the possibility of such damages; or (vii) any other matter relating to the services. 

By using this service, you hereby agree that the limitation of liability of SMF HR Solutions LLC is capped at the amount paid for the service for a period a period of not more than one calendar year. 

SMF HR Solutions LLC and our directors, officers, agents, employees, subsidiaries, and affiliates will not be liable for any actions, claims, losses, damages, liabilities and expenses including legal fees from your use of the Site.

Indemnity 

Except where prohibited by law, by using this Site you indemnify and hold harmless SMF HR Solutions LLC and our directors, officers, agents, employees, subsidiaries, and affiliates from any actions, claims, losses, damages, liabilities and expenses including legal fees arising out of your use of our Site or your violation of these Terms and Conditions.

Applicable Law 

These Terms and Conditions are governed by the laws of the State of Georgia.

Term and Termination

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. 

You agree that we may terminate your use of the SMF HR Solutions LLC, or any portion thereof, if we reasonably believe that you have violated or acted inconsistently with the letter or spirit of these Terms and Conditions or violated the right of SMF HR Solutions LLC or any third party, or for any other reason with or without notice to you. In such event, SMF HR Solutions LLC shall not be required to provide you with a refund or any other form of compensation. Upon termination, discontinuation, or cancellation of your account, including access to our Digital Properties, all provisions of these Terms which should survive will survive, including, without limitation, content rights and ownership provisions, warranty and professional/media services disclaimers, assumption of risk and indemnity, limitations of liability, and dispute resolution provisions.

 Trademarks and Trade Names

All trademarks, service marks, trade names, logos and graphics (“Marks”) used in this Website are trademarks or registered trademarks of SMF HR Solutions LLC. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify the Marks in any way, including in advertising or publicity pertaining to distribution of materials via SMF HR Solutions LLC, without SMF HR Solutions LLC’s prior written consent. The use of the Marks on any other website or networked computer environment is not allowed. You may not use the Marks as a “hot” link on or to any other website unless establishment of such a link is approved in advance, in writing, by SMF HR Solutions LLC.

Third-Party Content and Links

The Website may contain links to third-party websites or other resources (“Third-Party Content”), but these links and sites do not form any part of our Website, or Content. We provide these links only as a convenience to you and are not responsible for the content, products, or services available from those websites or resources or links displayed on such sites, nor are we responsible for updating or reviewing any Third-Party Content. You access and use Third-Party Content solely at your own risk.

You agree that SMF HR Solutions LLC: [1] is not responsible for examining or evaluating the content or accuracy of any Third-Party Content; and [2] does not warrant and will not have any liability or responsibility whatsoever for any Third-Party Content. You agree not to use any Third-Party Content in any manner that would infringe or violate the rights of any other party, and that SMF HR Solutions LLC is in no way responsible for any such use by you.

SMF HR Solutions LLC does not in any way, implicitly or explicitly, endorse or control any information accessed on or from any third-party website or Apps, and assumes no responsibility for any material which may be accessed through such links. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites, Apps, or other resources. We remind you to review the applicable agreements and policies when visiting any third-party websites, including policies with respect to the use, collection and disclosure of your personal information that may differ from SMF HR Solutions LLC’s.

The Website may contain content supplied by third parties, including, without limitation, other Members, advertisers, merchants, and sponsors. Accordingly, SMF HR Solutions LLC has no editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including information providers, Members, or any other user of the Website, are those of the respective author(s) and not of SMF HR Solutions LLC. SMF HR Solutions LLC does not guarantee the accuracy, completeness, merchantability or fitness for any particular purpose nor the legality of any content provided by any of these parties.

You understand that we do not operate or control the products or services offered by third-party merchants. These merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a direct party to any transaction entered into between you and any merchant. You agree that use of or purchase from such merchants is at your sole risk and without warranties of any kind by us. All rules, legal documents (including privacy policies), and operating procedures of any merchant will apply to you while on any merchant website(s).

Linking to our Website and Digital Properties

You may seek written permission to provide links to our Website or Digital Properties. If we grant you permission to provide links to our Website or Digital Properties you understand that: [1] you will not remove or obscure any portion of our Website by framing or other means; [2] your website will not engage in, without limitation, illegal or pornographic activities; and [3] you will cease to provide links to our Website or Digital Properties immediately upon our request.

Internet Service Provider Charges and Other Charges

You are responsible for all mobile, cable or other Internet Service Provider (“ISP”) charges incurred by you for connecting to the Website, and SMF HR Solutions LLC assumes no responsibility or liability of any such charges, including, without limitation, data charges, long distance charges, per minute (or unit) surcharges, and/or equipment or line costs, incurred by you while accessing the Website. Any dispute or problem regarding telephone, ISP, or similar telecommunication/Internet service providers are strictly between you and your service provider. You may receive text messages in connection with your use of the Website. Standard text messaging and data usage rates may apply. You are responsible for all charges incurred by you for any text messages you receive and SMF HR Solutions LLC assumes no responsibility or liability for any such charges.

Severability 

If at any time any of the provisions set forth in these Terms and Conditions are found to be inconsistent or invalid under applicable laws, those provisions will be deemed void and will be removed from these Terms and Conditions. All other provisions will not be affected by the removal and the rest of these Terms and Conditions will still be considered valid.

Changes 

These Terms and Conditions may be amended from time to time in order to maintain compliance with the law and to reflect any changes to the way we operate our Site and the way we expect users to behave on our Site. We will notify users by email of changes to these Terms and Conditions or post a notice on our Site.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Contact Details 

Please contact us if you have any questions or concerns. Our contact details are as follows: 

Email: legal@smfhrsolutions.com
 

Mailing Address: 

SMF HR Solutions LLC 

11175 Cicero Dr Ste 100 

Alpharetta, Georgia 30022