THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE PURCHASE OF REAL TIME HR. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO THIS TRANSACTION. YOUR PURCHASE OF REAL TIME HR IS YOUR CONFIRMIRMATION OF ACCEPTANCE OF THESE TERMS AND CONDITIONS. YOU MAY NOT ORDER OR OBTAIN SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; (C) HAVE THE LEGAL AUTHORITY TO BIND THE ORGANIZATION THAT YOU REPRESENT TO THESE TERMS AND CONDITIONS; AND (D) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENT OR SERVICES BY ANY APPLICABLE LAW, RULE OR REGULATION. THESE TERMS REQUIRE THE USE OF MEDIATION (ON AN INDIVIDUAL BASIS ONLY; I.E. CASE CONSOLIDATIONS AND CLASS ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES.

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1. Applicability of Terms and Conditions. These terms and conditions (the “Terms”) shall apply to your purchase of the Real Time HR service through www.lynnhrconsulting.com (the “Site”). These Terms are subject to change at any time without prior written notice by Lynn HR Consulting, LLC (referred to here in as with “Lynn HR,” “we,” “us,” or “our”). Please review these Terms in their entirety prior to engaging in this transaction. Your continued use of the Site and services after posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.

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2. Online Orders. When placing an order on our Site, you are effectively offering to purchase whatever services you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirmation email at the email address that you provide at such time. We reserve the right to cancel any order once accepted by us (as evidenced by a confirmation email) at any time in our sole discretion. Additionally. You have the option of cancelling your order at any time prior to our having sent you the confirmation email referenced herein.

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3. Payment Terms. The applicable price is set forth alongside the HR Real Time service offered on the Site. The price is subject to change at any time by us in our sole discretion. You will be responsible for the price stated at the time of your transaction. Payment may only be made with a valid credit card, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation or company policy. 

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4. Subscription Services. You are purchasing Real Time HR, Lynn HR’s subscription service, which includes one (1) hour of call time each month to answer your Human Resources related questions. The one (1) hour can be broken into 15-minute increments and used throughout the month as needed. You will set up call times with your assigned consultant.

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5. Subscription Service Terms. You are purchasing a subscription service which means this is a monthly subscription service that will automatically renew each month until cancelled. In order to terminate the subscription service, you must cancel by the 15th of the month via email to Lynn HR. This means that if you cancel after the 15th of the month, your subscription service will continue until the 15th of the following month. The email address for termination will be given to you in the purchase confirmation email. 

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6. Additional Consulting Hours. If over the course of a month during your Real Time HR services you realize that you need more time to discuss HR issues with your consultant, you may purchase up to four (4) additional hours per month of call time with your consultant. The price for each additional hour is $160. The number of hours will be agreed to and paid in advance.

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7. Work Product. This subscription service does not include tangible work produced by Lynn HR, which includes various documents such as an Employee Handbook, policies, offer letters, etc. (“Work Product”). If during the course of the Real Time HR services you realize you need to purchase Work Product from Lynn HR, you will need to sign an additional agreement and purchase the Human Resources, Payroll, or Recruiting services separately.

 

8. Privacy Policy and Website Terms of Use. Please review our Privacy Policy and Website Terms of Use, which can be found on our website at www.lynnhrconsulting.com. The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Site. The Website Terms of Use governs your use of our Site in general. 

 

9. Confidential Information. “Confidential Information” shall mean all information of either you or Lynn HR not generally available to the public which is provided to the Receiving Party by the Disclosing Party or which the Receiving Party has access to or discovers in the performance of the services provided under these Terms.  During the term of the Real Time HR subscription services and for one (1) year after the termination or expiration of the services, neither you nor Lynn HR will make use of the other’s Confidential Information for purposes other than the performance of the obligations hereunder. You and Lynn HR shall protect the other’s Confidential Information by using the same degree of care used to protect its own information of a like nature, but no less than a reasonable degree of care. The Receiving Party shall only disclose the Confidential Information to its employees, consultants and subcontractors who have a need to know such Confidential Information in order to perform its obligations under these Terms. All Confidential Information shall remain the property of the Disclosing Party. 

 

10. Indemnification. Both you and Lynn HR (the “Indemnifying Party”) will indemnify, defend, and hold the other, its officers, directors, employees, and/or shareholders, harmless from and against any and all damages (whether ordinary, direct, indirect, incidental, special, consequential, or exemplary), judgments, liabilities, fines, penalties, losses, claims, actions, demands, lawsuits, costs, and expenses including, without limitation, reasonable attorney’s fees, which arise out of or relate to any material breach of these Terms by the Indemnifying Party or its employees or agents, or from any acts or omissions of negligence, willful misconduct, or fraud of the Indemnifying Party or its employees or agents, including, but not limited to, third party claims and claims for property damage or personal injury to the other's personnel. The Indemnifying Party’s liability under this Section shall be reduced proportionally to the extent that any act or omission of the other or its employees or agents contributed to such liability. 

 

11. Representations & Warranties (R&Ws); Disclaimers; Limitation on Liability

1. A. Buyer’s R&Ws. You represent and warrant to us as follows: (i) that you have the right to enter the transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulations, and/or any agreement with, or rights of, any third party; and (ii) that you will use the Real Time HR service exactly as authorized and never in any way that would violate any applicable law or third party right of any kind.

2. Lynn HR’s Warranty and Disclaimers. Lynn HR represents and warrants that (i) the services will be performed by
   qualified personnel in a professional and workmanlike manner in accordance with the generally accepted industry standards and practices; (ii) the performance of the services will not violate any proprietary rights of any third parties including, without limitation, patents, copyrights, trade secrets or any other intellectual property right, (iii) the provision of the services will not violate any applicable law, rule, regulation or judicial order, or violate any contractual obligation or confidential relationship which it may have to or with any third party, and (iv) any information you may supply to Lynn HR will have been obtained lawfully.

3. Liability Cap. UNDER NO CIRCUMSTANCES WILL COMPANY’S OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE YOU PAID OR WILL PAY ON THE SITE FOR THE SERVICES. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL LYNN HR BE LAIBLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.

 

12. Third Party Beneficiaries. These Terms are for your company’s sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms. 

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13. Force Majeure. Lynn HR shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, pandemics, epidemics, local disease outbreaks, public health emergencies, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind. 

 

14. Assignment. Neither you nor Lynn HR may assign these Terms without the other party’s prior written consent. 

 

15. Partial Invalidity. In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

 

16. Governing Law/Mediation. 

1. Governing Law. These Terms shall be governed by the laws of the State of Tennessee without regard to its conflicts of laws principles.

2. Mediation. In the event of any disagreement regarding performance under interpretation of these Terms, and prior to the commencement of any formal proceeding, you and Lynn HR shall attempt in good faith to reach a negotiated resolution by designating an appropriately authorized representative from each party to resolve the dispute. Services and deliverables will cease to continue until the dispute is resolved. You and Lynn HR agree to employ mediation to resolve the dispute prior to initiating any formal proceedings. Mediation may be done virtually. 

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17. No Waivers. Out failure to enforce any of our rights under these Terms will not constitute waiver of our right to make such enforcement in the future, subject to applicable law.

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18. Notices. We may provide notices to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by email through the email address given in your confirmation email.

19. Entire Agreement. These Terms, along with the confirmation email, any instructions that we provide you with relating to the service you obtain from us, and out Site’s ‘Terms of Use’ and ‘Privacy Policy,’ shall, collectively, be deemed a final and integrated agreement between you and us with response to the subject matter hereof.