Terms of Service

These terms and conditions ("Terms") form an agreement between you ("you," or "your") and EML HR ("EML HR," "we," "us," or "our") and govern your use of our website, located at https://emlhr.com ("Site") and all features, content, functionality, and tools made available on or through the Site (collectively with the Site, the "Services").

BY ACCEPTING THESE TERMS WHEN THEY ARE PRESENTED TO YOU OR BY OTHERWISE ACCESSING OUR SITE OR USING OUR SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS. Do not continue to our Site or Services if you do not agree to all of the Terms set forth herein.

EML HR reserves the right, in its sole discretion, to amend the Terms, at any time and without prior notice. All changes are effective immediately when we post them unless we expressly specify otherwise. In any event, no changes will apply retroactively as to any claims existing prior to the "last updated" date. If we choose to amend the Terms, we will update the "Last Updated" date at the top of the Terms and post the updated version. By continuing to use the Site after we have posted an updated version of the Terms, you are affirming that you agree to be bound by the amended Terms. You are expected to check this page so you are aware of any changes, as they are binding on you.

Cookies: Our Site incorporates the use of third-party technologies, including cookies and other tracking technologies to enhance user experience and to analyze performance and traffic on our Site ("Cookies"). Cookies and related information collected about your use of our Site may be shared with our social media, advertising and analytics partners. For more information about our use of Cookies and how we may share information with third parties, please see our Privacy Policy. Your acceptance of these Terms is an acknowledgement of your understanding and acceptance of our use of Cookies.

Telecommunications and Consent: You may be able to provide us with a telephone number for us to contact you and provide marketing messages. By providing your phone number and consenting to us contacting you, you agree to receive marketing calls and/or text messages from EML HR using automated dialing systems and/or prerecorded voices, which may include promotional offers and updates, at the number provided. You understand that you can opt out at any time by replying "STOP" to a text message or contacting us in accordance with the Contact Us section below.

Subject to your compliance with the Terms, EML HR grants you a limited, revocable, non-exclusive, non-transferable, non-assignable and non-sublicensable right to access and use the Site for your own personal or internal business use only, and not for resale or third-party distribution. In order to use the Site, you must have internet access, otherwise you will not be able to use some or all of the Site.

EML HR reserves the right, in its sole discretion, to modify or discontinue offering the Site, or to impose limits on your use of the Site, or any features, functionality or tools thereof, in whole or in part, at any time, for any reason or no reason, with or without notice to you. You agree that EML HR has no obligation to provide any updates or to continue to provide or enable any particular Site features, functionality, tools or content. The Site is controlled and operated within the United States and is not intended for use outside of the United States.

You must not:

• copy, distribute, share, publish, use or store, or prepare derivative works from any content on the Site covered by any copyrights, trademark, patent, or other intellectual property right belonging to EML HR or a third party, except with prior express permission of EML HR or the entity holding the rights to license such use;
• access, search, collect information from, or otherwise interact with the Site by "scraping," "crawling" or "spidering" the Site;
• use, display, mirror or frame the Site, or any feature, functionality, tool or content of the Site, EML HR's name, any EML HR trademark, logo or other proprietary information;
• interfere with, disrupt, damage or compromise the Site or our systems or the access of any user, host or network in any way;
• attempt to decipher, decompile, disassemble or reverse engineer any of the code or software used to provide the Site;
• create frames around our web pages that alter in any way the visual presentation or appearance of our Site;
• otherwise abuse the Site or breach the Terms; or
• attempt to do any of the foregoing, or advocate, encourage or assist any third party in doing any of the foregoing.

EML HR reserves the right to investigate and prosecute violations of any and all reports, complaints and claims, or otherwise suspected misconduct or violations of the law to the fullest extent of the law, and to monitor and/or disable access to or use of the Site by any user.

The Site is protected by copyright, trademark, patent and other laws of the applicable jurisdiction and throughout the world. You acknowledge and agree that the Site, and all intellectual property rights therein, are the exclusive property of EML HR and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Site, and you may not use the trade names, logos, and other trademarks and service marks associated with EML HR without our prior written consent.

You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality or tools of the Site in any form or by any means, or sublicense the rights granted in the Terms.

No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by EML HR or its licensors, except for the revocable licenses and rights expressly granted in the Terms. All rights not expressly granted to you by the Terms are hereby reserved to EML HR and its licensors.

If you choose to provide feedback, comments, ideas and suggestions for improvements, enhancements and modifications to the Site ("Feedback"), you acknowledge and agree that all Feedback you give us (i) will be treated as non-confidential, and (ii) will be the sole and exclusive property of EML HR. You hereby irrevocably transfer and assign to EML HR all of your right, title, and interest in and to, and waive any moral rights you may have in, all such Feedback.

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT NOT PROHIBITED BY APPLICABLE LAW, EML HR EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE OR RIGHTFUL CLAIM, WARRANTIES AS TO THE RELIABILITY OR AVAILABILITY OF THE SITE, OR THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, WARRANTIES AS TO THE COMPLETENESS, ACCURACY OR TIMELINESS OF ANY CONTENT.

YOU ACKNOWLEDGE AND AGREE THAT ACCESSING AND USING THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU HEREBY RELEASE EML HR AND WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGES CAUSED BY ANY OF THE FOREGOING. WITHOUT LIMITING THE FOREGOING, EML HR DISCLAIMS ANY AND ALL LIABILITY RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE. IN NO EVENT WILL EML HR BE LIABLE FOR ANY (A) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR (B) DAMAGES FOR LOST REVENUES OR PROFITS, LOSS OF OPPORTUNITY, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED IN WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT EML HR HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

THESE LIMITATIONS AND EXCLUSIONS APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. IN THE EVENT THAT THE FOREGOING LIMITATION OF LIABILITY IS DETERMINED BY A COURT OF COMPETENT JURISDICTION TO BE UNENFORCEABLE, EML HR'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO TEN U.S. DOLLARS (US$10).

To the maximum extent not prohibited by applicable law, you agree to release, defend, indemnify, and hold EML HR and its affiliates, licensors and service providers harmless from and against any claims, liabilities, damages, losses, costs and expenses, or any other injuries, losses, or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind, including reasonable legal fees and litigation expenses and costs, arising out of or relating to or in any way connected with your access to or use of the Site, your breach of the Terms, or your gross negligence or willful misconduct.

Disputes. The terms of this Section 8 shall apply to all Disputes (defined below) between you and EML HR. For the purposes of this Section, "Dispute" shall mean any dispute, claim, controversy or action between you and EML HR arising under or relating to your use of the Services, this Agreement, or any other transaction involving you and EML HR, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law.

Opt-Out. You may elect to opt out (exclude yourself) from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section by sending a written letter to EML HR at the address in the Contact Us section within thirty (30) calendar days of your initial agreement to these Terms (including your first use of the Services) that specifies: (1) your name; (2) your mailing address; and (3) your request to be excluded from the final, binding individual arbitration procedure and waiver of class and representative proceedings specified in this Section.

Dispute Notice. In the event of a Dispute, you or EML HR must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the "Dispute Notice"). The Dispute Notice to EML HR must be addressed to EML HR, Attn: Office Manager, 4100 W. Alameda Blvd, Suite 329, Burbank, CA 91505. If EML HR and you do not reach an agreement to resolve the Dispute within sixty (60) calendar days after the Dispute Notice is received, you or EML HR may proceed to mediation as articulated in this Section.

Mediation. In the event the parties cannot resolve the Dispute via the informal dispute resolution conference, the Dispute must first be submitted to non-binding mediation before a neutral third party before it may proceed to arbitration.

Binding Arbitration. In the event mediation is unsuccessful, you and EML HR agree: (1) to arbitrate all Disputes pursuant to the provisions of this Agreement; (2) this Agreement memorializes a transaction in interstate commerce; (3) the Federal Arbitration Act (9 U.S.C. § 1, et seq.) governs the interpretation and enforcement of this Section (notwithstanding the choice-of-law provision contained herein); and (4) this Section shall survive termination of this Agreement.

Small Claims Court. Notwithstanding the foregoing, you may bring an individual action in the small claims court of your state, municipality, province or territory if the action is within that court's jurisdiction and is pending only in that court.

WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS. YOU AND EML HR AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE CLASS ACTIONS, OR CLASS ARBITRATIONS.

Arbitration Procedure. If a party elects to commence arbitration, the arbitration shall be administered by the American Arbitration Association (AAA) and be governed by the applicable AAA rules to the Dispute. All Disputes shall be resolved by a single neutral arbitrator, and both parties shall have a reasonable opportunity to participate in the selection of the arbitrator. Unless otherwise agreed, the arbitration shall take place in California.

Arbitration Fees. EML HR will pay, or (if applicable) reimburse you, for all AAA filing, administration, and arbitration fees for any arbitration commenced by you or EML HR pursuant to this Agreement. You are responsible for all additional costs that you incur in the arbitration, including without limitation fees for attorneys or expert witnesses.

Severability. If any provision in this Section is found to be unenforceable, that provision shall be severed with the remainder of this Agreement remaining in full force and effect. The foregoing shall not apply to the prohibition against class or representative actions; if the prohibition against class or representative actions is found to be unenforceable, this entire Section shall be null and void.

Exclusive Venue for Other Controversies. EML HR and you agree that any controversy excluded from the dispute resolution procedure and class action waiver provisions in this Section (other than an individual action filed in small claims court) shall be filed only in the courts located within the State of California, and each party hereby irrevocably and unconditionally consents and submits to the exclusive jurisdiction of such courts for any such controversy.

These Terms constitute the entire and exclusive understanding and agreement between you and EML HR regarding your access to and use of the Site and supersede and replace any and all prior or contemporaneous oral or written understandings or agreements between you and EML HR regarding the subject matter hereof.

You may not assign, transfer, delegate, subcontract or sublicense any of your rights or obligations under the Terms. Any attempted assignment, transfer, delegation, subcontracting or sublicense without the foregoing consent will be null and void.

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms. Any provisions of the Terms that contemplate performance or observance subsequent to the expiration or termination of the Terms shall survive such expiration or termination.

Our failure to exercise any right or enforce any obligation under the Terms or to take action with respect to a breach by you or others will not constitute a waiver of such right, obligation or breach.

If an arbitrator or a court of competent jurisdiction finds any provision of the Terms to be invalid, void or unenforceable, in whole or in part, for any reason, the offending provision will be enforced to the maximum extent permissible and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.

Complaints regarding the Site or requests to receive further information regarding use of the Site may be sent to info@emlhr.com or to EML HR, 4100 W. Alameda Blvd, Suite 329, Burbank, CA 91505.

If you have any questions or concerns, please contact EML HR at info@emlhr.com.