END-USER LICENSE AGREEMENT
PLEASE READ THIS END-USER LICENSE AGREEMENT (“Agreement”) CAREFULLY BEFORE ACCESSING THE SITE AND CONTENT (collectively, “Household Staffing International”) OFFERED BY Household Staffing International (“HSINY”) DESCRIBED ON Householdstaffinginternational.com, and Hsiny.com (the “Website”). BY USING HSINY YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, YOU MUST PROMPTLY EXIT THIS PAGE WITHOUT ACCESSING OR USING ANY OF THE HSINY SERVICES.
1. You/User. Persons who access or use the Website are sometimes referred to herein individually as a “user” and collectively as “users.” “You” and “your” refer to you as a user of the Website.
2. Eligibility. Only individuals that agree to this End-User-Agreement are permitted to access the website. In addition, by visiting the site, you certify that you are at least 18 years of age. Accessing by those under the age of 18 is strictly prohibited.
3. Privacy. Your access to the site constitutes your consent to HSNY’s Privacy Policy posted on the Website, as revised from time to time. You should review HSINY’s current Privacy Policy before entering the website.
4. Online Services. Subject to the terms of this Agreement, HSINY hereby authorizes you to use the HSNY Site and access information during the term of this Agreement.
Your use of the site shall be strictly in accordance with the terms and conditions set forth in this Agreement. You are responsible for providing and maintaining all computer equipment and software and telecommunications services necessary to access the HSINY. Nothing in this Agreement grants or transfers to you or to any third party any ownership rights in HSINY, including but not limited to the software and other intellectual property rights related to the HSINY. Except as specifically set forth in this Agreement, HSINY owns and retains all right, title and interest in the HSINY Site and any and all related materials.
UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING ANY OF THE MATERIAL AVAILABLE ON THE WEBSITE IS STRICTLY PROHIBITED. You may download any materials that are explicitly downloadable from the Website only for personal, noncommercial educational and informational purposes, provided that the documents are not modified, and provided that you maintain and abide by all copyright, trademark and other notices contained in such material or, if none, you include the following copyright notice in such downloaded materials: “Copyright © 2024 HSINY. All rights reserved.” Unless expressly provided in a separate written agreement, neither HSINY nor any supplier of the materials available by or through the Website grant any express or implied rights to you to any patents, copyrights, trademarks or trade secret information. Materials displayed on third-party websites made available through the Website are subject to the terms of use of those third-party websites and the applicable copyright or other intellectual property rights in those materials. Such materials may not be downloaded, copied or distributed except as provided by the terms of use of the third-party websites, or as otherwise permitted by the owners of the rights to those materials.
Reproduction, copying or redistribution of materials from the HSINY Website for commercial purposes is prohibited without the express prior written permission of HSINY. To obtain permission to copy portions of the Website, please send an email containing the following information:
- the content you wish to use;
- where, when and how it will be used (for example, a seminar, newsletter or news article);
- where, how and to what audience copies will be distributed;
- how many copies will be made and distributed;
- what other materials will be associated with the HSINY content; and
- your name, title, company, address, email address and phone number.
HSINY will evaluate and respond to your request. HSINY reserves the right to refuse permission to copy, distribute, broadcast or publish any of its copyrighted material, including text and images on our Website.
5. Restrictions on Use. All pages within the Website and any material made available for download by the Website (collectively, the “Website Materials”) are the property of HSINY. Except as provided in Paragraph 4 above, no portion of the Website Materials may be reprinted, republished, modified or distributed in any form without the express prior written permission of G3 Learning. Access to the Website Materials is for your own personal, non-commercial use and may not be shared with any third party. You shall keep intact any proprietary notices, including copyright notices, contained on any downloaded materials and shall comply with any applicable end-user license agreements. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by HSINY.
6. Modifications and Changes to Services and/or Website. The content, availability and access and all other features, attributes or aspects of the HSINY Services and Website Materials are subject to change, modification, additions or deletions at any time without notice and in HSINY’s sole discretion.
HSINY reserves the right to change, modify, update, discontinue, remove, revise, delete or otherwise change any portion of the terms and conditions set forth in this Agreement, in whole or in part, at any time. For changes that HSINY deems material, HSINY will place on the homepage of its Website a link to “UPDATED HSINY Terms and Conditions.” The most current version of these terms and conditions will be available on the Website and will supersede all previous versions. By accessing or using the Website after the terms and conditions have been changed, you consent and agree to the revised terms and conditions.
7. Links or Pointers to Other Sites. HSINY makes no representations whatsoever about any other website that you may access though HSINY’s Website. When you access a non-HSINY website, you understand that it is independent from HSINY and HSINY has no control over the content on that website. In addition, a hyperlink to a non-HSINY website does not mean that HSINY endorses or accepts any responsibility for the content, or the use, of the linked website. It is up to you to take precautions to ensure that whatever you select for your use or download is free of such items as viruses, worms, trojan horses and other items of a destructive nature. In addition, HSINY makes no warranties or representations concerning the veracity of any information on a non-HSINY website.
8. Your Responsibilities. You agree to comply with our terms of use as set forth in this Agreement and all applicable laws and regulations, including, but not limited to, those related to obscenity, copyright, trademark, other intellectual property rights, data privacy, international communications, import and export regulations and tax laws and regulations. You agree to notify HSINY promptly if you suspect unauthorized use of your account. Until you notify HSINY, you remain solely responsible for such unauthorized use and any damages that may result therefrom. You further agree to notify HSINY immediately in the event you become subject to any lawful order or process that would prohibit or limit your use of the HSINY Services. As a condition of your use of this Website, you warrant to HSINY that you will not use the Website for any purpose that is unlawful or prohibited by this Agreement.
9. Prohibited Activities. You may not modify, reverse engineer or decompile the HSINY Services (including any HSINY software) or create derivative works based on the HSINY Services. You may not distribute, rent, lease, sell, license or otherwise transfer rights in the HSINY Services to any other person or entity or make any other commercial use of the HSINY Services. Except for downloading of project files, which is authorized, you may not save the HSINY Services to your computer or any other storage medium. You may not violate any security or corrupt the Website in any way.
Unauthorized use or modification of the Website may result in criminal and/or civil prosecution. You may not use the Website for anything other than a lawful purpose. You agree not to use the Website in any illegal manner or for any illegal purpose, or in any other manner that could damage, disable, overburden or impair the Website, or in any manner inconsistent with the terms and conditions in this Agreement. You agree not to interfere, or attempt to interfere, with any security feature of the Website. You agree not to interrupt, or attempt to interrupt, the operation of the Website in any way. You agree not to use the Website to: (i) engage in, or promote any, unlawful activity or purpose, including without limitation, any activity that could give rise to criminal or civil liability; (ii) carry out any unauthorized alteration of any data or information on the Website or supplied by another user of the Website; (iii) post, transmit or share material that you did not create or that you do not have permission to post, transmit or share, or conduct any activity that infringes on the copyright, patent, trademark, service mark or other rights of any person or entity; (iv) advertise or promote any product or service, without the prior written permission of HSINY; (v) upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code designed to interfere with the functionality of, or obtain any nonpublic information from, any computer software or hardware or telecommunications equipment; or (vi) send chain letters, junk mail, unsolicited e-mail or “spam,” commercial or non-commercial solicitations or bulk communications of any kind including, but not limited to, utilizing distribution lists used to convey information to any person who has not given specific permission to be included in such a list. You agree that you will not access the Website using any automated means to aggregate content from multiple pages or portions of the Website for any commercial purpose. You agree not to restrict or inhibit any other user from using and enjoying the Website or any service provided through the Website.
10. Your Communications and Other Content You Provide. You agree that you will not send, post or otherwise publish through the Website, any message, material, user name or other communication that: (i) is unlawful, offensive, obscene, vulgar, indecent, pornographic, profane, sexually-oriented, threatening, abusive, false or misleading, slanderous, libelous or defamatory; (ii) impersonates any person or entity; (iii) provides personally-identifiable information of any person or entity such as an address or phone number; (iv) constitutes or encourages the conduct of a criminal offense; (v) gives rise to liability; (vi) promotes the use of controlled substances; (vii) causes injury of any kind to any person or entity; (viii) infringes or violates the intellectual property rights, contract rights, or any other rights of any third party; (ix) contains harmful or malicious components or code designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; or (x) creates a link to another Website.
By visiting HSINY, you grant HSINY, its affiliates, instructors, officers and employees an irrevocable, perpetual, non-exclusive, royalty-free, transferrable and sublicenseable, worldwide license to display, copy, distribute in and through all means and media now known or hereafter invented, and to make, display, copy and distribute in the same manner derivative works based on any and all information you post to or through the Website. By posting or uploading content to the Website you represent and warrant that you have the right to post the content to the Website, and to license the content to HSINY as provided in this Agreement.
11. Usage and Monitoring. You may use the Website only as permitted by HSINY. HSINY is not responsible for the content of any messages, information or files transmitted to or through the Website by anyone other than HSINY. However, HSINY has the right to delete and take other appropriate action with respect to such messages, information or files which HSINY, in its sole discretion, deems objectionable or otherwise in violation of the terms and conditions of this Agreement, including denying access to the Website to anyone at any time. By using the Website, you consent to such actions, including the monitoring, review and auditing of all messages, information and files transmitted to or through the Website.
12. Medical Disclaimer. This site is not designed to and does not provide medical advice, professional diagnosis, opinion, treatment or services to you or to any other individual. Through this site and linkages to other sites, HSINY provides general information. The information provided in this site, or through linkages to other sites, is not a substitute for medical or professional care, and you should not use the information in place of a visit, call consultation or the advice of your physician or other healthcare provider. HSINY is not liable or responsible for any advice, course of treatment, diagnosis or any other information, services or product you obtain through this site.
13. Disclaimer of Warranties. HSINY (INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE OR DESCRIBED ON THE WEBSITE OR ACCESSED BY MEANS THEREOF) ARE PROVIDED AS-IS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. HSINY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY AND NON-INFRINGEMENT TO THE FULL EXTENT PERMITTED BY LAW. TO THE GREATEST EXTENT PERMITTED BY LAW, HSINY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT: (i) ACCESS TO OR OPERATION OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE; (ii) THAT THE QUALITY OF ANY SERVICES OR INFORMATION PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE WILL MEET YOUR EXPECTATIONS; OR (iii) THAT ANY ERRORS IN THE Website WILL BE CORRECTED. HSINY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. ANY RELIANCE UPON ANY ADVICE, OPINION, STATEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE WEBSITE IS AT YOUR SOLE RISK. NEITHER HSINY NOR ITS AFFILIATES SHALL HAVE ANY LIABILITY ARISING FROM YOUR RELIANCE UPON THE INFORMATION PROVIDED ON THE WEBSITE. ANY INFORMATION POSTED BY USERS OF THE WEBSITE REFLECTS THE VIEWS OF THE INDIVIDUAL USERS OR CONTRIBUTORS AND DO NOT NECESSARILY REFLECT THE VIEWS OF HSINY OR ANY OF ITS AFFILIATES.
HSINY MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE WEBSITE OR THE SERVERS THROUGH WHICH IT ACCESS IS PROVIDED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, OTHER COMMUNICATIONS, CONTENT OR OTHER MATERIAL (INCLUDING, WITHOUT LIMITATION, SOFTWARE) ACCESSED THROUGH OR OBTAINED BY MEANS OF THE WEBSITE. YOU SHOULD BE AWARE THAT TRANSMISSIONS VIA THE INTERNET, WIRELESS CONNECTIONS OR COMPUTER NETWORKS MAY NOT BE SECURE, AND YOU SHOULD CONSIDER THIS BEFORE SUBMITTING ANY INFORMATION TO ANYONE USING SUCH SYSTEMS. EXCEPT AS PROVIDED IN OUR PRIVACY POLICY, HSINY MAKES NO WARRANTY OF THE CONFIDENTIALITY OR PRIVACY OF ANY COMMUNICATION OR INFORMATION TRANSMITTED ON THE WEBSITE OR ANY WEBSITE LINKED TO THE WEBSITE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HSINY OR ITS AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. YOU ARE ENTIRELY RESPONSIBLE FOR AND ASSUME ALL RISK FOR USE OF THE HSINY Services. HSINY IS NOT RESPONSIBLE FOR TRANSMISSION ERRORS OR CORRUPTION OR SECURITY OF INFORMATION CARRIED OVER TELECOMMUNICATION LINES.
14. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HSINY, ITS PARENTS, AFFILIATES, SUBSIDIARIES, LICENSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, OFFICERS AND DIRECTORS (COLLECTIVELY, THE “RELEASED PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR CONFIDENTIAL OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR FAILURE TO MEET ANY DUTY, INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF, OR INABILITY TO USE, THE HSINY Services, THE PROVISION OF OR FAILURE TO PROVIDE SUPPORT SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH ANY PROVISION OF THIS Agreement, EVEN IN THE EVENT OF THE FAULT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY OF HSINY OR ANY SUPPLIER, AND EVEN IF HSINY OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES (“Released Matters”). TO THE EXTENT THAT, DESPITE THIS RELEASE, ANY LIABILITY MAY BE IMPOSED ON THE RELEASED PARTIES, THEIR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL BE LIMITED TO THE TOTAL FEES PAID BY YOU TO HSINY IN THE THREE MONTHS PRIOR TO THE EVENT CAUSING LIABILITY. YOU ACKNOWLEDGE THAT YOU MAY HEREAFTER DISCOVER CLAIMS PRESENTLY UNKNOWN OR UNSUSPECTED, OR FACTS IN ADDITION TO OR DIFFERENT FROM THOSE WHICH YOU NOW KNOW OR BELIEVE TO BE TRUE. NEVERTHELESS, YOU INTEND TO RELEASE FULLY, FINALLY AND FOREVER ALL Released Matters. YOU AGREE THAT THE RELEASES SET FORTH HEREIN WILL REMAIN IN EFFECT NOTWITHSTANDING THE DISCOVERY OR EXISTENCE OF ANY SUCH ADDITIONAL OR DIFFERENT CLAIMS OR FACTS RELEVANT HERETO.
15. INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD HSINY AND ITS PARENT COMPANIES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEYS’ FEES AND COSTS INCURRED IN CONNECTION WITH ANY SUCH CLAIM OR DEMAND, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USE OF THE WEBSITE, YOUR VIOLATION OF THIS AGREEMENT OR ANY REPRESENTATION OR WARRANTY BY YOU, ANY MISREPRESENTATION BY YOU, OR THE INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHT OR ANY OTHER LEGALLY PROTECTED RIGHT OF ANY PERSON OR ENTITY BY YOU OR ANY OTHER USER OF YOUR ACCOUNT CREDENTIALS. YOU WILL COOPERATE AS REASONABLY REQUIRED IN THE RELEASED PARTIES’ DEFENSE OF ANY CLAIM. THE RELEASED PARTIES RESERVE THE RIGHT, AT THEIR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND IN ANY EVENT YOU MAY NOT SETTLE ANY SUCH MATTER WITHOUT THE WRITTEN CONSENT OF HSINY.
16. Exclusive Remedy. Your sole right and exclusive remedy for breach of this Agreement by HSINY if you are dissatisfied for any reason with the HSINY Services is to terminate this Agreement as provided in this Agreement.
17. Term and Termination. The term of this Agreement shall commence upon your access to HSINY.
18. Rights and Duties Upon Termination. Upon termination of this Agreement, all of your rights to the HSINY Services terminate immediately and you must remove any HSINY Services or materials from your computer immediately. If this Agreement is terminated for any reason, you agree not to visit, or otherwise access the HSINY website without HSINY’s prior written approval. HSINY may delete any data files associated with your use of the HSINY Services upon termination of this Agreement.
19. Non-United States Residents. HSINY operates the Website in the United States. HSINY makes no representation that the Website is appropriate or available for use in locations other than the United States. If you access the Website from locations outside of the United States you do so on your own initiative and at your own risk, and you are solely responsible for compliance with local laws, rules, and regulations, if and to the extent applicable. You may not access the Website from any country or territory where the content of the Website or the provision of the services through the Website is illegal. You may not use or export any of the materials constituting or available through the Website in violation of United States export laws and regulations.
20. Refusal or Discontinuance of Service. You understand and agree that HSINY may, in its sole discretion and at any time, for any reason, terminate your password, account or use of the Website, or prohibit you from accessing the Website, in whole or in part. You understand and agree that HSINY may take any one or more of these actions without prior notice to you. Should HSINY take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your account. Any violation of the terms and conditions in this Agreement may result in restrictions on your access to all or part of the Website, and may be referred to law enforcement authorities.
21. Choice of Law, Venue and Jurisdiction. This Agreement is entered into in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, exclusive of its choice of law rules. Each party to this Agreement submits to the exclusive jurisdiction and venue of the state and federal courts in the County of New York in the State of New York, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees.
22. No Waiver. No modification or amendment to, nor waiver of, any part of this Agreement shall be of any force or effect unless made in writing and signed by a duly authorized officer of HSINY, or issued by HSINY as provided in Paragraph 6 above.
23. Severability. If any provision of this Agreement is found to be invalid or unenforceable, that provision shall be null and void and the other provisions will remain in full force.
24. General Terms. Your rights and obligations under this Agreement may not be assigned or transferred without the express written permission of HSINY and any assignment or transfer in violation of this provision shall be null and void. If any provision of this Agreement is determined to be invalid, all other provisions will remain in force.
Notice or other communication between you, and HSINY may be given by conventional first-class mail or an overnight delivery service, such as FedEx or UPS that provides proof of delivery. Notices sent by first-class mail are effective on the fifth day after mailing. Notices sent by overnight delivery service are effective the next business day after they are sent.
Communications made through the Website’s email, messaging or chat system shall in no way be deemed to constitute legal notice to or service of process on HSINY or any of its officers, employees, agents or representatives, including but not limited to any notice required by contract or by any federal, state or local laws, rules or regulations.
25. Entire Agreement. This Agreement and the HSINY Privacy Policy constitute the entire agreement between you and HSINY regarding your access to the website. The foregoing notwithstanding, your use of third party websites and services made available on or through the Website is subject to terms of use and privacy policies of those third parties.
YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND ACCEPT THE TERMS AND CONDITIONS SET FORTH IN THIS Agreement. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST PROMPTLY EXIT THIS PAGE WITHOUT ACCESSING OR USING ANY OF THE WEBSITE.