This Membership Agreement ("Agreement") is entered into between KIKI Management LLC DBA The HR Community ("Community") and the individual ("Member") who completes the registration process to become a member of the Community. By accessing and using the Community's services, the Member agrees to the terms and conditions set forth in this Agreement. The first payment made by the Member will be considered acceptance of and agreement to these terms.
Introduction:
Please read the following agreement carefully. By purchasing your community subscription online, you agree to the terms and conditions outlined below. Your first payment constitutes your binding acceptance of this Agreement.
Membership and Fees:
- Monthly Fee: The membership fee is $47 per month, billed automatically. Payment must be made using the payment method specified at registration.
- Renewal: Membership renews automatically each month unless canceled by the Member or terminated by the Community.
- Automatic Renewal Opt-Out: Members may opt out of automatic renewal by providing written notice at least 10 days before the renewal date to kascommunity@cybhumanresources.com
- Payment Conditions: Payment information is required at the time of registration. Service may be discontinued for non-payment.
- Refunds: No refunds will be provided for any subscription fees. Membership fees are non-refundable, even if the Member terminates their membership before the end of the billing period.
- Recurring Payment Authorization: By providing payment information, members authorize the Community to charge the provided payment method for the monthly membership fee. It is the member's responsibility to ensure that payment details are up to date to avoid any service disruption.
Failed Payments
- Payment Failure: Payment for the membership fee is required to maintain access to the Community. If a member's payment method fails or is declined, the member will be notified via email and their account will be flagged for non-payment.
- Continued Non-Payment: If the member fails to update their payment information and resolve the outstanding balance within 30 days of the initial failed payment, their membership will be terminated. The member will need to reapply for membership and may be subject to new membership fees and terms.
Term and Termination
- Term: This Agreement remains in effect until terminated by either the Member or the Community.
- Termination by Member: Members may terminate their membership through a direct written request to Community admins or moderators via email at kascommunity@cybhumanresources.com
- Termination by Community: The Community reserves the right to terminate membership for violations of this Agreement or any other Community policies.
- No Refund Policy: All membership fees are non-refundable.
Privacy and Content Sharing
- Privacy: All content shared within the Community is considered private. Members are prohibited from taking screenshots or sharing content outside the Community without express permission from the original poster.
- Content Rights: The Community retains the rights to all content posted within the platform and may use this content for marketing and sales purposes. Members grant the Community a non-exclusive license to display, distribute, and modify their content within these parameters.
Intellectual Property
- Copyright: All resources, training, and materials provided within the Community are copyrighted. Unauthorized use or distribution is prohibited.
- Member Contributions: By posting content, Members grant the Community the right to use, display, and distribute this content as described above.
- Ownership: All program materials, including resources, training, and communications, remain the sole property of The HR Community.
- Reproduction: Members shall not reproduce any materials without prior written consent from The HR Community.
- Attribution: Any use of materials must include proper attribution to The HR Community.
Liability
- No Liability: The Community is not liable for any decisions made based on advice or information shared within the platform, whether provided by the Community or other Members. All content is provided "as is" without warranties of any kind.
- Limitation of Liability: The maximum liability of The HR Community shall not exceed the total compensation paid by the Member for the membership. The HR Community shall not be liable for any indirect, incidental, or consequential damages.
- Maximum Liability: In case of any breach of this Agreement by The HR Community, the maximum liability shall not exceed 100% of the total compensation paid for the membership.
- No Consequential Damages: The HR Community shall not be liable for any consequential or special damages.
Confidentiality
- Confidentiality Obligations: All discussions, content, and shared information within The HR Community ("Community") are considered confidential. Members are strictly prohibited from disclosing any confidential information to non-members without the explicit written consent of the original poster or content creator. Confidential information includes, but is not limited to, personal data, proprietary resources, discussions, and other sensitive information shared within the Community.
- Reporting Breaches: If a member suspects or becomes aware of any breach of confidentiality, they are obligated to report the incident to the Community administrators immediately. Reports can be made via email to kascommunity@cybhumanresources.com or through the Community platform's reporting feature.
- Consequences of Breaches: Any member found to have breached confidentiality may face immediate termination of their membership without a refund. Additionally, the Community reserves the right to pursue legal action against any member who violates confidentiality agreements, which may include seeking damages for any harm caused by the breach.
Exceptions to Confidentiality: Confidentiality obligations do not apply to information that:
- Was already known to the recipient prior to disclosure without an obligation of confidentiality.
- Is or becomes publicly known through no wrongful act of the recipient.
- Is independently developed by the recipient without use of or reference to the Community's confidential information.
- Is disclosed to the recipient by a third party who is not under a confidentiality obligation.
Dispute Resolution
- Arbitration: Any disputes arising under this Agreement will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA).
- Default: If a dispute arises, parties agree to attempt to resolve it through confidential mediation in accordance with AAA rules. If mediation fails, the dispute will be submitted to binding arbitration.
- Costs: Parties will share the cost of mediation or arbitration equally.
- Injunctive Relief: Violations of intellectual property rights may be remedied by equitable relief, such as an injunction.
Governing Law and Jurisdiction
- Choice of Law: This Agreement and all related documents, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Colorado, without giving effect to the conflict of laws provisions thereof to the extent such principles or rules would require or permit the application of the laws of any jurisdiction other than those of the State of Colorado.
- Choice of Forum: Each Party irrevocably and unconditionally agrees that it will not commence any action, litigation, or proceeding of any kind whatsoever against the other Party in any way arising from or relating to this Agreement, including all exhibits, schedules, attachments, and appendices attached to this Agreement, and all contemplated transactions, in any forum other than the federal courts in the District of Colorado or the courts of the State of Colorado sitting in city and county of Denver, and any appellate court from any thereof. Each Party irrevocably and unconditionally submits to the exclusive jurisdiction of such courts and agrees to bring any such action, litigation, or proceeding only in such courts. Each Party agrees that a final judgment in any such action, litigation, or proceeding is conclusive and may be enforced in other jurisdictions by suit on the judgment or in any other manner provided by law.
- Waiver of Jury Trial: Each party acknowledges that any controversy that may arise under this agreement, including exhibits, schedules, attachments, and appendices attached to this agreement, is likely to involve complicated and difficult issues and, therefore, each such party irrevocably and unconditionally waives any right it may have to a trial by jury in respect of any legal action arising out of or relating to this agreement, including any exhibits, schedules, attachments, or appendices attached to this agreement, or the transactions contemplated hereby.
Indemnification
- To the fullest extent allowed by law, the member agrees to indemnify, defend, and hold harmless The HR Community and its affiliates against any losses, damages, liabilities, claims, or expenses, including reasonable attorneys' fees, incurred from enforcing indemnification rights. This includes losses from the member's negligence, misconduct, breach of agreement, inaccuracies in member materials, non-compliance with laws, claims from the member's employees or service providers, improper handling of Personal Identifiable Information (PII.)
Miscellaneous
- Assignment: Members may not assign or transfer their membership without prior written consent from the Community.
- Notices: All notices required or permitted under this Agreement will be in writing and delivered to the parties' designated addresses.
- Entire Agreement: This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings, written or oral.
- Severability: If any part of this Agreement is deemed invalid, illegal, or unenforceable by a court, it will not affect the rest of the Agreement or its enforceability elsewhere. The Parties will then negotiate in good faith to amend the Agreement to reflect their original intentions as closely as possible.
- Conflicting Terms. In the event of a conflict between the terms and provisions of this Agreement and the terms and provisions of the Proposal, the terms of this Agreement shall govern.
- Modification: This Agreement can only be modified by an instrument signed by both parties.
- Waiver: Failure to enforce any provision of this Agreement shall not be construed as a waiver. No waiver of any part of this Agreement will be valid unless it is in writing and signed by the waiving Party. Failure or delay in exercising any right or remedy under this Agreement does not constitute a waiver, nor does the partial exercise of any right or remedy prevent further exercise of that or any other right or remedy.
- Electronic Signatures: Electronic signatures shall be considered originals.
By completing the registration process and making your first payment, you acknowledge that you have read, understood, and agreed to be bound by the terms and conditions of this Membership Agreement.