Terms of Use
Last Updated: May 11, 2023
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE ("SITE"). USE OF THIS SITE OR THE DOWNLOADING OF MATERIALS FROM THIS SITE CONSTITUTES AGREEMENT TO THESE TERMS OF USE ("AGREEMENT"). BY ACCESSING, BROWSING, AND USING THIS SITE, YOU ACKNOWLEDGE THAT YOU ARE AN AUTHORIZED USER AND READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE THIS SITE OR DOWNLOAD ANY MATERIALS FROM THIS SITE.
Application of Terms; Updates
This Site is operated and controlled by Kaufman & Kaufman, LLC. Services, LP ("Kaufman & Kaufman, LLC.", "we," or "us"). This Agreement pertains only to the use of this Site. This Agreement may be changed or updated without notice, and the changes and updates will apply to your use of this Site and the materials on it after such changes or updates are made. Kaufman & Kaufman, LLC. may make improvements and changes in the services, products, programs, and features offered through this Site at any time, at its sole discretion, without advanced notice to you. Nothing on this Site shall be interpreted as providing legal, tax, or financial advice.
Site Resources
This Site allows you to access specific resources and marketing materials regarding our business, products, and services, including investor relations materials, community involvement initiatives, company news, blogs, webinars, podcasts, client testimonials, product and service descriptions, and job postings.
Intended Audience
This Site and all of the information, communications, scripting, photos, images, text, video, graphics, music, sounds, user interfaces, visual interfaces, and other materials, checklists, and resources found on this Site (collectively, the "Content") is intended for the lawful use of Kaufman & Kaufman, LLC. Clients, employees (corporate and worksite), and members of the general public who are primarily located in the United States of America ("USA").
Users of this Site should be at least the age of majority recognized in their jurisdiction of residency. This Site is not a children's Site, and Kaufman & Kaufman, LLC. does not solicit data from children or market to children.
This Site is controlled and operated by Kaufman & Kaufman, LLC. from its offices within the USA. Kaufman & Kaufman, LLC. Makes no representations that this Site or the Content is appropriate, intended for, or available for use in other country locations. Those accessing this Site from other country locations do so at their own risk and are responsible for compliance with applicable international laws.
Privacy and Security
Kaufman & Kaufman, LLC. will be responsible for the security, confidentiality, and integrity of all confidential information, including personal information, submitted adequately by you to us via this Site. However, you will be solely responsible for accessing and retrieving confidential information from this Site. You must maintain the security, confidentiality, and integrity of such data in your possession, in any form, whether located on a computer, server, website, email system, or any other electronic system, application, or device. You agree to read and periodically review our Privacy Notice posted on this Site for information on our privacy practices and processing of personal data. You agree to the terms of the Privacy Notice. If you are located within California, you agree to review our California Privacy Notice and agree to its terms.
Site Access
You will be solely responsible for any authorized or unauthorized access by any person to the portions of this Site that require a login, including access through the use of your computer or network by any person or code functionality working in or through your computer or network, or through the use of your username, password or access codes ("Access Criteria"), except to the extent our breach of this Agreement causes any unauthorized access.
Do not misuse this Site. For example, please do not interfere with the Site or try to access the services accessible from the Site using a method other than the interface and the instructions we provide. You agree to safeguard and maintain your Access Criteria in total confidence and to bear all responsibility for the confidentiality of your Access Criteria and all costs or administrative charges incurred by us from misuse of this Site with your Access Criteria. You agree to immediately notify us and to change your password if the secrecy of your password is compromised. In addition, you agree to immediately notify us if you know that your computer has been compromised by any virus, worm, disabling code, or unauthorized intrusion that could harm this Site. By accessing this Site, you acknowledge that Kaufman & Kaufman, LLC. Reserves the right in its sole discretion to refuse or terminate your access to this Site at any time. You agree not to share your Site access criteria with others. You are responsible for entirely and correctly exiting from this Site at the end of any session.
Intellectual Property Rights and Alleged Copyright Infringement
Kaufman & Kaufman, LLC., its affiliates, and their suppliers or licensors own all copyrights to the Content on this Site and all other related intellectual property rights, except concerning Content you may submit. All trademarks, service marks, and trade names (collectively, the "Kaufman & Kaufman, LLC. Marks") are proprietary to Kaufman & Kaufman, LLC., its affiliates, or their suppliers or licensors. You acknowledge that You have been advised by Kaufman & Kaufman, LLC. that the Content, Kaufman & Kaufman, LLC. Marks and all other proprietary material accessible through this Site are protected in the US and internationally by various laws and regulations.
When you upload, share, or submit Content to the Site, you retain ownership of any intellectual property rights that you hold in that Content. You grant to us a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, transferable, sublicensable license to (a) use, host, store, reproduce, modify, prepare derivative works (such as translations, adaptations, summaries, or other changes), communicate, publish, publicly perform, publicly display, and distribute this Content in any manner, mode of delivery or media now known or developed in the future.
THE UNAUTHORIZED USE, COPYING, OR DISPLAY OF ANY CONTENT FROM THIS SITE IS NOT PERMITTED. Therefore, YOU MAY ONLY VIEW OR DOWNLOAD CONTENT FROM THIS SITE FOR YOUR AUTHORIZED USE, AND YOU MUST KEEP ALL COPYRIGHT AND OTHER PROPRIETARY NOTICES INTACT ON THE DOWNLOADED COPY OF ANY CONTENT.
We respect the intellectual property rights of our licensors and any other third party and comply with the Digital Millennium Copyright Act of 1988 ("DMCA"). Please review our DMCA Copyright Compliance Policy for information on how to report alleged copyright infringement appearing on our Site.
Forums and Postings
All posts become the property of Kaufman & Kaufman, LLC. , and Kaufman & Kaufman, LLC. may remove any objectionable messages, postings, and comments from this Site or close any discussion thread for any or no reason. However, we can't review all messages. All messages express the author's views, not Kaufman & Kaufman, LLC. Kaufman & Kaufman, LLC. will not be held responsible for the Content of any news, comment, or information provided by any third party. Kaufman & Kaufman, LLC. does not endorse businesses or individuals who may solicit business from this Site by posting comments or messages. You should always research all products and services independently and make informed decisions.
Product Reviews
You should research and evaluate the products and services offered and make a well-informed decision before buying any products or services. The product reviews and client testimonials provided on this Site are solely the opinions of the individual reviewer who wrote the study or the client who provided the testimonial. We shall have no liability for any statement, product, or service review appearing on this Site.
Candidate Portal
This Site contains a portal that allows you to create a user account and respond to job/career postings ("Candidate Portal"). In addition, Kaufman & Kaufman, LLC. may also provide a method for you to send and receive messages or submit referrals for jobs as a part of the Candidate Portal.
The Candidate Portal allows you to submit resumes, user account information, and email messages ("Candidate Data") in response to job listings. You retain ownership of any intellectual property rights that you hold in that Candidate Data and may exercise any privacy rights you may be afforded in applicable state privacy laws. In short, what belongs to you stays yours. When you create a user account and upload or otherwise submit Candidate Data to our Site, you give Insperity (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your Candidate Data works better with our Site), communicate, publish, publicly perform, publicly display and distribute such Candidate Data. The rights you grant in this license are for the limited purpose of contacting you, providing you with job postings and related information, and operating, promoting, and improving our Site. This license continues even if you stop using our Site, and your Candidate Data may be retained following our retention policies and applicable laws. Ensure you have the right to grant us this license for any Candidate Data you submit to our Candidate Portal as accessed through this Site.
KAUFMAN & KAUFMAN, LLC. IS NOT TO BE CONSIDERED YOUR EMPLOYER CONCERNING YOUR USE OF THE CANDIDATE PORTAL AS A CANDIDATE FOR JOBS ACCESSIBLE THROUGH THE SITE. JOB POSTINGS MAY BE AVAILABLE FOR POSITIONS WITHIN INSPERITY AND CLIENT COMPANIES FOR WHICH PROVIDES RECRUITING SERVICES. KAUFMAN & KAUFMAN, LLC. SHALL NOT BE RESPONSIBLE FOR ANY EMPLOYMENT DECISIONS, WHATEVER REASON, MADE BY ANY KAUFMAN & KAUFMAN, LLC. CLIENT COMPANY OR OTHER ENTITY POSTING JOBS FOR WHICH YOU ARE APPLYING THROUGH THE CANDIDATE PORTAL.
Kaufman & Kaufman, LLC. Encourages You to keep a backup copy of any of your Candidate Data. To the extent permitted by law, in no event shall Kaufman & Kaufman, LLC. be liable for the deletion, loss, or unauthorized modification of any Candidate Data.
Links to External Sites
This Site may contain links to other websites which are owned or operated by third parties, including websites owned or operated by government bodies such as the US Government ("External Site(s)"). Insperity makes no representations whatsoever about any other site that you may access through this Site. Insperity is not responsible for the policies or Content at External sites, and Insperity does not control the privacy policies for External Sites. Insperity does not control how your information will be utilized at External Sites. Because Insperity has no control over such sites and resources, you acknowledge and agree that Insperity is not responsible for the availability of such External Sites or resources and is not responsible or liable for any content, advertising, products, services, or other material on or available from such External Sites or resources. Links to External Sites are provided solely as a convenience to you. It is your responsibility to ensure that whatever External Site you select for your use is free of such items as viruses, worms, Trojan horses, or other items of a destructive or disruptive nature. It is also your responsibility to read the terms of use and the privacy policies that may appear on such External Sites and determine whether you are willing to assent to such terms or policies. References on this Site to any names, marks, products, or services of any third parties or hypertext links to External Sites are provided solely as a convenience to you. They are the property of their respective owners. Unless expressly stated in writing, Insperity makes no representation or warranty to any third-party content, products, or service. You agree that Insperity will not be responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to be caused by or in connection with the use of or reliance on any such third-party content, products, or services available through or on any External Site or third-party resource, or for any use of any personal information that you may choose to convey as you use any External Sites.
To create links to this Site, you must get approval from Kaufman & Kaufman, LLC. Marketing Department before doing so via a request to marketing@insperity.com. In establishing links to this Site, you must not represent in any way, expressly or by implication, that your company or website has received the endorsement, sponsorship, or support of this Site or Kaufman & Kaufman, including its respective employees, agents, directors, officers, and shareholders. You agree to remove any link to this Site immediately upon request by Kaufman & Kaufman.
Representations and Warranties of User
User represents and warrants to Insperity that: (i) all information provided by User to Insperity is truthful, accurate, and complete; (ii) all information provided by User to Insperity is not in violation of any governmental regulation, statute, or the law; and (iii) User shall comply with all terms and conditions of this Agreement.
Prohibited Use
Users are solely responsible for all errors, mistakes, acts, and omissions that occur by using the User's computers or systems. User agrees not to use this Site to: (a) list, post, market, advertise, offer or sell any product or service; (b) disseminate, store or transmit chain letters, pyramids, spam or other unsolicited messages or unsolicited commercial email; (c) disseminate or transmit products, services or material that, in Insperity's sole judgment, is abusive, obscene, pornographic, defamatory, racist, sexist, harassing, vulgar, hateful, threatening, malicious, dangerous or otherwise inconsistent with the use of this Site; (d) upload, disseminate, store or transmit files, graphics, software or other material that actually or potentially infringe the copyright, trademark, patent, trade secret or other intellectual property right of any person or entity; (e) interfere, disrupt or attempt to gain unauthorized access to this Site or to any other computer network; (f) disseminate, store or transmit computer viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other malicious code or program or items of a destructive or deceptive nature; (g) assign access rights or make the Site available to any person who is less than 18 years old, (h) engage in any other activity deemed by Kaufman & Kaufman, LLC. to be in conflict with the intent of this Agreement, or (i) violate any laws. These offenses are grounds for immediate refusal or termination of access to this Site.
Except as expressly provided in this Agreement, you shall not: (a) reproduce, publish, display, distribute, sell, license (unless otherwise agreed in writing by Insperity), transfer, rent, lease, broadcast, timeshare, loan, disclose, or otherwise make available the Site Content, or any part thereof, to any third party; (b) reverse engineer, disassemble, decompile or otherwise attempt to derive source code from the Site Content, or any part thereof; (c) modify, translate, adapt, alter or create derivative works (as defined under the United States copyright laws) based upon the Site Content or any part thereof; (d) remove any proprietary notices, labels, or trademarks or service marks on any Site Content; (e) merge the Site Content, or any component thereof with another program (unless otherwise authorized herein); (f) use the Site Content, or any component thereof, for any purposes other than those explicitly stated in this Agreement; (g) have any right to any source code for the Site; (h) use download functionality enhancement tools; or (i) make unauthorized uses of Intellectual Property Rights of the Content as provided by Insperity, our client companies, or applicable third party licensors.
Disclaimer of Warranties, Release, Limitation of Liability, and Indemnification
THIS SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED. USE OF THIS SITE IS AT YOUR SOLE RISK. INSPERITY DOES NOT WARRANT OR REPRESENT THAT THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, NOR DOES INSPERITY MAKE ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY, COMPLETENESS, QUALITY, OR LACK OF DEFECT OF ANY RESOURCE, FORM, DATA, PRODUCT, OR SERVICE OBTAINED BY YOU VIA THIS SITE. INSPERITY MAKES NO OTHER WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OR REPRESENTATIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENTABOUTO THIS SITE. KAUFMAN & KAUFMAN MAKES NO REPRESENTATIONS OR WARRANTIES CONCERNING THE USE OF THIRD-PARTY WEBSITES, IF ANY, INCLUDING GOVERNMENT SITES, TO WHICH YOU GAIN ACCESS VIA THIS SITE.
YOU RELEASE KAUFMAN & KAUFMAN, ITS AFFILIATES, ITS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY CLAIM, DEMAND, OR DAMAGES (ACTUAL, CONSEQUENTIAL, OR PUNITIVE) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO YOUR USE OF THIS SITE. WITHOUT LIMITING ANY SEPARATE WRITTEN AGREEMENT, WE MIGHT HAVE WITH YOU OR YOUR EMPLOYER, UNDER NO CIRCUMSTANCES SHALL INSPERITY BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT, THIS SITE OR THE INTERNET GENERALLY, INCLUDING YOUR USE OF OR INABILITY TO USE THIS SITE, ANY CHANGES TO OR INACCESSIBILITY OF THIS SITE, ANY DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, WHETHER SUCH LIABILITY IS ASSERTEDBASED ONF CONTRACT, TORT OR OTHERWISE. IF YOU ARE DISSATISFIED WITH THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO CEASE USE OF THIS SITE.
FURTHER, IN NO EVENT SHALL KAUFMAN & KAUFMAN'S TOTAL LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE EXCEED $10. YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND INSPERITY, ITS AFFILIATES, SUBSIDIARIES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS FROM AND AGAINST ANY LOSSES, COSTS, DAMAGES, LIABILITY, OR EXPENSES, INCLUDING COSTS AND ATTORNEY'S FEES, ASSERTED BY ANY PERSON, ARISING OUT OF OR RELATING TO YOUR USE OF THIS SITE IN VIOLATION OF THIS AGREEMENT.
You may benefit from consumer guarantees and warranties under the statute ("Mandatory Terms"). Where any law applies to this Agreement to provide you with the benefit of Mandatory Terms, and that statute does not permit Insperity to exclude or limit the application of those Mandatory Terms (or would render void any attempt to do so), then those Mandatory Terms apply to this Agreement for your benefit. However, nothing in this Agreement excludes or limits those Mandatory Terms or liability for breach of them. This applies to all of the terms of this Agreement, including any words about this section.
Termination
Kaufman & Kaufman reserves the right, in its sole discretion and without notice, at any time and for any reason, to (a) remove, disable or limit access or availability to all or any portion of this Site; (b) suspend your access to or use of all or any portion of this Site; (c) terminate any right or license granted herein, or (d) retrieve any material obtained by You from this Site. This shall not apply to or prejudice your rights under other agreements. For example, you may have with Kaufman & Kaufman, LLC.
Miscellaneous
A. Notice. All notices to Kaufman & Kaufman, LLC. Regarding this Site shall be in writing by certified mail or commercial delivery service against receipt to the attention of the General Counsel, Kaufman & Kaufman, LLC. at 19001 Crescent Springs Drive, Kingwood, Texas 77339 or sent by email to r.kaufman@kaufmanandkaufman.com. Notice shall not be by facsimile transmission.
B. Law. This Agreement shall be governed by the laws of the State of Tennessee applicable to agreements as if made and to be performed wholly within such state, except for its provisions regarding conflicts of laws.
C. Forum and Venue. All actions, claims, or disputes arising under or relating to this Agreement shall be brought to the federal or state courts in Bradford County, Tennessee. Notwithstanding anything contrary in this paragraph, Insperity may apply to a court of any other jurisdiction for injunctive or other equitable relief regarding a breach or anticipated breach by you of this Agreement. The parties waive any right to a jury trial concerning any action or litigation arising from or related to this Agreement.
D. Feedback. You agree that Insperity may own and use any suggestions, enhancements, requests, recommendations, survey responses, assessments, or other feedback you provide to Insperity or its affiliates through this Site. We will have all present and future existing rights to the feedback. We will not be liable for any similarities to provide ideas that may appear in any future website design, products, or services of Insperity or its licensors and partners. We will be entitled to use feedback that does not contain your personal or confidential information for commercial or other purposes without compensation to you or any other person.
E. Binding Arbitration and Class Action Waiver. Any claim arising out of or related to this Agreement that you and we cannot resolve through good faith informal negotiation within a reasonable period (not to exceed 30 days after written notice of a claim or dispute) will be settled by binding arbitration conducted before one neutral arbitrator and governed by the Federal Arbitration Act, 9 USC §§ 10 and 11 ("FAA"). Notice of the demand for arbitration will be filed in writing by either party with the other party to this Agreement and the American Arbitration Association (the "AAA"). The demand for arbitration will be made within a reasonable time after the claim, dispute, or another matter in question has arisen, and in no event will any such demand be made after the date when the institution of legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute of limitations. The arbitrator's decision will be final except for any applicable right of appeal or review under the FAA. Any court or jurisdiction over the parties may enforce the arbitrator's award. Any proceedings to resolve or litigate any dispute in any forum will be conducted individually. Neither you nor we will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. The AAA will conduct any arbitration under its Commercial Arbitration Rules. Unless otherwise agreed to by the parties, the arbitration will be held in the home jurisdiction of the party against whom arbitration is initiated, unless the home jurisdiction is outside the US mainland, in which case arbitration will be held in Bradley County, Cleveland, Tennessee. Each party will bear its expenses in the arbitration and share the costs equally, provided that the arbitrator may, at its discretion, award costs and fees to the prevailing party.
Entire Agreement
This Agreement constitutes the complete statement of the Agreement between Insperity and you concerning your use of this Site. It supersedes any prior or contemporaneous communications, negotiations, representations, ideas, and understandings, whether oral or written, between the parties concerning this Site.