Terms of Service

This Terms of Service Agreement (“Agreement”) is made between VIVAHR, LLC d/b/a AvaHR (“Company”) and any person (collectively “you”, “your” or “I”) who completes the registration process to open and maintain an account as an Employee or an Employer using the site AvaHR.com.

BY CLICKING THE ACCEPTANCE BUTTON OR ACCESSING, USING, OR INSTALLING ANY PART OF THE SITE, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, YOU SHOULD NOT ACCESS OR USE THE SITE.

1. The Service and Registration

a. Description: The services provided on the site are proprietary to the Company and are protected by intellectual property laws and international intellectual property treaties. Your access to the Service is licensed and not sold. The Company agrees to provide you with non-exclusive access to or use of the Service, consisting of access to web pages for the sole purpose of searching for Employers and/or Employees, subject to the terms and limitations set forth in this Agreement.

b. Accessibility: You acknowledge that from time to time the Service may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which the Company may undertake from time to time; or (iii) causes beyond the control of the Company or which are not reasonably foreseeable by the Company.

2. Representations and Warranties

You represent and warrant to the Company that:

(a) You are 18 or older and have the power and authority to enter into and perform your obligations under this Agreement.
(b) You will comply with all terms and conditions of this Agreement, including, without limitation, the Acceptable Use Policy set forth in Section 3.
(c) You have provided accurate and complete registration information, including, without limitation, your legal surname, legal given name, email address, and zip code (if you are an Employee seeking employment) and/or your company name, company address, email address, and phone number (if you are an Employer seeking Employees).

3. Acceptable Use Policy

You agree not to engage in any unacceptable use of the site, including but not limited to:

(a) Disseminating or transmitting unsolicited messages, chain letters, or unsolicited commercial email.
(b) Disseminating or transmitting material that is abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious.
(c) Disseminating or transmitting files, graphics, software, or other material that actually or potentially infringes on the intellectual property rights of any person.
(d) Creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication.
(e) Exporting, re-exporting, or permitting downloading of any message or content in violation of any applicable laws.
(f) Attempting to gain unauthorized access to accounts, services, or networks.
(g) Disseminating or transmitting viruses, trojan horses, or any other malicious code.
(h) Engaging in any other activity deemed by the Company to be in conflict with the intent of this Agreement.

4. Limitations

a. Security: You are solely responsible for maintaining the security, confidentiality, and integrity of all messages and content transmitted or stored through the site.

b. Privacy: The Company respects your privacy. Personal information may be disclosed to potential Employers and/or Employees for employment-related purposes. For further details, refer to the Website Privacy Policy.

c. No Refund: Employers pay prior to posting jobs, and Employees pay prior to accessing job information. Any prepaid amounts are non-refundable.

5. Termination

This Agreement is effective until terminated. You may terminate your account at any time; however, all prepaid amounts are non-refundable. The Company reserves the right to:

(a) Remove or disable access to the site.
(b) Suspend your account.
(c) Terminate this Agreement at any time without notice.

6. Disclaimer of Warranties

The site and services are provided “as is” without warranties of any kind. The Company makes no guarantees regarding employment outcomes. Access to the site is not guaranteed to be uninterrupted or error-free.

7. Limitation of Liability

The Company is not liable for any indirect, incidental, consequential, or punitive damages related to this Agreement. Your sole remedy is to discontinue using the site.

8. Indemnification

You agree to indemnify and hold the Company harmless from any claims arising from:

(a) Your use of the site.
(b) Any statements made by you.

9. Miscellaneous

a. Governing Law: This Agreement is governed by the laws of the State of Arizona.

b. Amendments: The Company may modify this Agreement at any time by posting updated terms. Continued use of the Service constitutes acceptance of any modifications.

c. Severability: If any provision is deemed invalid, the remaining provisions shall remain in full effect.

d. Survival: Sections 2, 3, 4(b), 6, 7, 8, and 9 shall survive termination of this Agreement.

10. Fees and Payments

a. Payment by Credit Card: Customers must provide valid credit card or bank account details and authorize the Company to charge applicable fees. Third-party payment processors may be used.

b. Invoice Payments: If invoiced, payment is due within 30 days.

c. Payment Information: Customers must ensure that their billing information is accurate and updated.

11. Subscription Term and Renewal

a. Initial Subscription Term: The term begins upon subscription and lasts for the selected duration unless terminated earlier.

b. Renewal: Unless canceled with 30 days’ written notice, subscriptions automatically renew.

c. End of Subscription Term: The subscription expires at the end of the term unless renewed. Fees are non-refundable.

For inquiries or billing-related concerns, contact billing@avahr.com.