Welcome to Vibe HCM’s web site. Be sure to read the Terms of Service below, as they cover the terms and conditions that apply to your use of the vibehcm.com web sites, including any content or services accessible through such site (referred to as the “Service”).
By accessing and/or using this site you agree to be bound by all of the following terms and conditions for using this site. If you do not agree to be bound by all of the terms and conditions contained herein, do NOT use or access this site or the Services. We may from time to time change the Terms of Service. By continuing to use the Service following such modifications, you agree to be bound by such modifications to the Terms of Service.
The use of any content or services accessible through the Service may be subject to your acceptance of separate agreements with other third parties.
1. Copyright and Trademark. The web site, software, screens, and information, except for your information, available on or through this site are the property of Vibe HCM, Inc. (Vibe) and are protected by copyright, trademark, and other intellectual property laws. Users may not modify, copy, distribute, transmit, display, publish, sell, license, create derivative works or otherwise use any information available on or through this Site for commercial or public purposes without the expressed prior written permission of Vibe. Users may not use the trademarks, logos, or service marks for any purpose without the prior written permission of Vibe.
2. Identity Verification. We use many techniques to identify our users when they register on our site. However, because user verification on the Internet is difficult, we cannot and will not confirm each user’s purported identity.
3. Modification or Termination of Service. You agree that Vibe reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Vibe shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service. Without limiting any other remedies, Vibe may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or otherwise) have engaged in fraudulent activity in connection with our site.
4. Your Information
1. Definition. “Your information” is defined as any information you provide or other authorized users provide, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
2. Restricted Activities. Your information and your activities on the site shall not: (a) be false, inaccurate or misleading (b) be fraudulent; (c) infringe any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights by publicity or privacy; (d) violate any law, statute, ordinance or regulation; (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) contain any viruses, Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (h) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; or (bb) you do not have a right to link to or include.
3. Partners and Suppliers. Site partners and suppliers to Vibe may have independent security and data storage policies. Vibe shall have no liability or responsibility for the retention or disclosure of information provided by you to Vibe or any of its site partners or suppliers in the course of your utilization of vibehcm.com.
4. Links to Other Web Sites. The Site contains links to other web sites. Vibe is not responsible for the content, accuracy or opinions express in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by Vibe. Inclusion of any linked web site on the Site does not imply approval or endorsement of the linked web site by Vibe. If you decide to leave the Site and access these third-party sites, you do so at your own risk.
6. Access and Interference. Vibe’s web site contains security features and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy web pages or the content contained herein without Vibe’s prior expressed written permission. You agree that you will not use any device, software or routine to bypass security features, or to interfere or attempt to interfere with the proper working of the Vibe site or any activities conducted on the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Vibe’s infrastructure. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to Vibe by users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of Vibe or the appropriate third party.
1. Access, Password and Security. You may designate up to the number of users under your account which corresponds to the level of Service you are receiving from Vibe, and you may provide and assign access and passwords to such users. You will be responsible for the confidentiality and use of login information including company name, user name, and password. You will be responsible for all electronic communications, including all changes made to your company’s database (“Electronic Communications”) under your login information and password (“Access Information”). Electronic Communications include your business’s Human Resource and Payroll data that you send through the Service. Vibe will be entitled to act as though any Electronic Communications it receives under your Access Information have been sent by you. You agree to immediately notify your Vibe service provider if you become aware of any loss or theft or unauthorized use of any of your Access Information.
7. Breach. Without limiting other remedies, Vibe may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access and refuse to provide services to you if: (a) you breach this Terms of Service or the documents it incorporates by reference; (b) Vibe is unable to verify or authenticate any information you provide; or (c) Vibe believes that your actions may cause financial loss or legal liability for you, other users or to Vibe.
8. Privacy. Vibe does not sell or rent your personal information to third parties for marketing purposes without your consent and only uses your information as described herein. Vibe views protection of users’ privacy as a very important principle. Vibe understands clearly that you and your information is the most important asset. Vibe stores and processes your information on computers located in the United States that are protected by physical, as well as, technological security devices. If you object to your Information being transferred or used in this way, please do not use Vibe services.
9. No Warranty. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. VIBE MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (iv) ANY ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED. NO ACCOUNTING, FINANCIAL, LEGAL OR TAX ADVICE OR COUNSEL IS GIVEN, OR SHALL BE DEEMED TO HAVE BEEN GIVEN, BY THE SERVICE NOR SHALL SUCH SERVICE CREATE A WARRANTY NOT EXPRESSLY STATED HEREIN.
10. Liability Limit. IN NO EVENT SHALL VIBEHCM BECOME LIABLE TO YOU OR ANYONE ELSE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS, OR OTHER DATA) THAT RESULT FROM BREACH OF CONTRCT, BREACH OF WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, ACCESS TO, USE OF, OR INABILITY TO USE THIS SITE OR SERVICE OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET EVEN IF VIBE WAS ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS, NO ADVICE OR INFORMATION WITHIN, WHETHER ORAL OR WRITTEN OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
IN ANY EVENT, UNDER NO CIRCUMSTANCES SHALL VIBE BE LIABLE FOR ANY LOSS, COST, EXPENSE, OR DAMAGE TO YOU OR ANY THIRD PARTY THAT EXCEEDS THE AMOUNT ACTUALLY PAID FOR THE SERVICE PROVIDED TO SUCH PARTY FOR THE IMMEDIATELY PRECEEDING 12 MONTHS.
Vibe shall not be liable for any loss resulting from a cause over which Vibe does not have direct control, including but not limited to failure of electronic or mechanical equipment or communication lines; telephone or other interconnect problems; bugs, errors, configuration problems or incompatibility of computer hardware or software; failure or unavailability of Internet access; problems with Internet service providers or other equipment or services relating to your computer; problems with intermediate computer or communications networks or facilities; problems with data transmission facilities or your telephone or telephone service; or unauthorized access, theft, operator errors, severe weather, earthquakes, or labor disputes. Vibe is not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of the Service.
11. Indemnity. You agree to indemnify and hold Vibe harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of the Terms of Service or the documents it incorporates by reference, or your violation of any law or the rights of a third party. This obligation will survive the termination of the Service.
12. Legal Compliance. You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service.
13. No Agency. You and Vibe are independent, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms of Service.
14. Notices. Except as explicitly stated otherwise, any notices shall be given by email to the email address you provide during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid.
15. Arbitration. The user of Vibe software agrees that at the election of Vibe any controversy or claim arising out of or relating to this site and the Service, excluding legal action taken by Vibe to collect fees and/or recover damages for or to obtain an injunction relating to, the Vibe site operations, intellectual property, and our services, shall be settled by binding arbitration in Elkhart, Indiana in accordance with the commercial arbitration rules of the American Arbitration Association and judgment entered upon the award by the arbitrator may be entered in any court having jurisdiction thereof. Sole and exclusive jurisdiction and venue for any action for equitable or injunctive relief (or any other claim, at Vibe’s election) shall be in the appropriate state court in Elkhart County, Indiana or the United States District Court for the State of Indiana. You expressly submit the exclusive jurisdiction of said courts and consent to extra-territorial service of process. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party.
16. Governing Law. The validity and interpretation of this Terms of Service and the rights and obligations of the parties shall be governed by the substantive laws of the State of Indiana, USA.
17. General. Vibe does not guarantee continuous, uninterrupted or secure access to its services, and operation of the Site may be interfered with by numerous factors outside of Vibe’s control. If any provision of this Terms of Service is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Terms of Service and all incorporations may be automatically assigned by Vibe, in sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope of extent of such section. Vibe’s failure to act with respect to a breach by you or others does not waive the right to act with respect to subsequent or similar breaches. The Terms of Service sets forth the entire understanding and agreement between Vibe with respect to the subject matters hereof and shall survive any termination or expiration of this Agreement. The failure of Vibe to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
18. Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service of the Terms of Service must be filed within one (1) year after such claim or cause of action arose or forever be barred.
19. Disclosures. Classic Empower/ Vibe Pay is owned and made available by Vibe HCM, Inc. located at 2810 Dexter Drive, Elkhart, IN 46514. Disputes between you and your payroll provider regarding the Service may be reported to Customer Support by emailing firstname.lastname@example.org.
Copyright 2005 All Rights Reserved.
Designated trademarks and brands are the property of their respective owners.
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