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This is the web site of EmployHR.com, a web property owned and operated by Everett HR, LLC.
Our postal address is:
2578 Enterprise Rd.
Suite 210
Orange City, FL 32763
We can be reached via e-mail at
info@everetthr.com
or you can reach us by telephone at (386) 753-9644. Your
priacy is important to us. Please review our Privacy
Policy for more information.
The following outlines the terms and conditions
applicable to all entities who fill out a Pricing Request
for Professional Employer Organization or Human Resources
Outsourcing Services with Everett HR, LLC:
1. Each Entity hereby represents and warrants
that (i) it is duly organized and validly existing under
the laws of its jurisdiction of organization; (ii) it has
full power and authority to accept these Terms and Conditions
and to perform its obligations as a Entity hereunder; (iii)
the person who has executed these Terms and Conditions on
its behalf is duly authorized to do so; (iv) all of the
information provided by the Entity to EVERETT HR, LLC regarding,
among other things, its locations, business and operations
as well as the services it desires to acquire is true, correct
and complete.
2. Each entity represents and warrants
that upon engaging in a relationship with a PEO, the entity,
upon request by Everett HR, LLC, will provide the name of
the PEO selected by the entity to provide such service;
and if the PEO selected is a provider represented by Everett
HR, LLC, the Entity will provide the exact number of its
employees on the payroll of PEO and/or its periodic payroll.
3. Each Entity acknowledges and agrees
that (i) the information that it provided to EVERETT HR,
LLC regarding its locations, business and operations and
the services it desires to acquire (the “Entity Data”) will
be made available by EVERETT HR, LLC to that number of PEO
Service Providers that is decided by EVERETT HR, LLC; (ii)
those PEO Service Provider selected by EVERETT HR, LLC to
receive the Entity Data are selected in accordance with
the then current procedures and criteria of EVERETT HR,
LLC for identifying PEO Service Providers suitable for providing
the services desired to be acquired by the Entity based
solely upon the Entity Data and information supplied to
EVERETT HR, LLC by such PEO Service Providers and not by
any independent investigation conducted by EVERETT HR, LLC;
(iii) EVERETT HR, LLC makes no representation or warranty
concerning the accuracy of the information supplied to it
by the PEO Service Provider or concerning the qualifications
or abilities of the PEO Service Provider that it selects
to receive the Entity Data; (iv) EVERETT HR, LLC does not
warrant, endorse, sponsor or otherwise vouch for any PEO
Service Provider or any of its officers, directors, agents
or employees or guarantee or otherwise provide any assurance
as to the performance of any services by any PEO Service
Provider or the quality, value, timeliness or other characteristics
of such services and (v) the terms of the agreement between
the Entity and any PEO Service Provider the terms on which
the PEO Service Provider provides services to the Entity
are the sole responsibility of the Entity and the PEO Service
Provider.
4. Each Entity shall look solely to any
PEO Service Provider that provides services to such Entity,
and not to EVERETT HR, LLC, for all claims, damages, losses,
penalties, obligations, liabilities, costs and expenses
arising out of or relating to the provision by any PEO Service
Provider of services to that Entity, to any of its affiliates
or to any other person or entity recommended by that Entity
or any omission or failure to perform such services or any
willful, intentional or negligent action or omission by
any PEO Service Provider or any of its officers, directors,
agents or employees and shall not hereafter commence or
maintain, or assist or participate in the prosecution of
any action or proceeding before any court, administrative
tribunal or arbitrator against EVERETT HR, LLC arising out
of or relating to any of the foregoing.
5. EVERETT HR, LLC EXPRESSLY DISCLAIMS
ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE
SERVICES PROVIDED BY THE PEO MEMBERS. EVERETT HR, LLC SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS (EVEN IF EVERETT HR, LLC
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING
OUT OF OR RESULTING FROM THE PATRONAGE OF ANY PEO MEMBER
BY ANY ENTITY.
6. All pronouns, defined terms and any
variations thereof shall be deemed to refer to the masculine,
feminine, neuter, singular or plural, as the identity of
the person, firm, or corporation may require. The words
"herein," "hereof" and "hereunder"
and other words of similar import refer to these Terms and
Conditions as a whole, and not to any particular section,
subsection or clause contained in these Terms and Conditions.
7. These Terms and Conditions contain
the entire agreement between EVERETT HR, LLC and each Entity
with respect to the subject matter hereof; supersede all
prior written agreements and negotiations and oral understandings,
if any, and, except as provided herein, may not be amended,
supplemented or discharged, except by performance or by
an instrument in writing signed by all of the parties hereto.
8. These Terms and Conditions are intended
only for the benefit of EVERETT HR, LLC and the Entities
and not for the benefit of any PEO Service Provider or any
other third party and shall not be deemed to give any rights
or remedies to any such PEO Service Provider or other third
party whether referred to herein or not.
9. No action taken pursuant to these Terms
and Conditions, including any investigation by or on behalf
EVERETT HR, LLC, shall be deemed to constitute a waiver
by EVERETT HR, LLC of compliance with any representation,
warranty, covenant or agreement made by any Entity. No delay
or omission to exercise any right, power or remedy accruing
to EVERETT HR, LLC hereunder shall be construed to be a
waiver of any such breach or default, or any acquiescence
therein, or a waiver of any similar breach or default theretofore
or thereafter occurring.
10. These Terms and Conditions shall be
governed by and construed and enforced in accordance with
the internal laws of the State of Florida applicable to
agreements made and to be performed entirely in such jurisdiction,
without giving effect to the conflicts of law principles
thereof. Each Entity agrees that all actions or proceedings
arising in connection with these Terms and Conditions and
the relationship created hereby shall be tried and litigated
only in the State and Federal courts located in Volusia
County, Florida. Each Entity waives, to the extent permitted
under applicable law, any right it may have to assert the
doctrine of forum non conveniens or to object to venue to
the extent any proceeding is brought in accordance herewith.
11. In the event any Section, or any provision
within any Section, of these Terms and Conditions is declared
by a court of competent jurisdiction to be void, invalid,
illegal or unenforceable, such Section or provision shall
be deemed severed from the remainder of these Terms and
Conditions and of no further force or effect solely for
the purpose of such court proceeding; and the balance of
these Terms and Conditions shall remain in full force and
effect for such purposes. Such declaration shall not effect
the enforceability of the severed Section or provision in
any other circumstances, with respect to any other Entity
or at any other times or for the purposes of any other court
proceeding, such severed Section or proceeding being in
such circumstances, with respect to each other Entity and
at such times and in such proceedings deemed in full force
and effect and a part of these Terms and Conditions.
12. Nothing in these Terms and Conditions
shall be construed or inferred to imply that any Entity
is a partner, joint venturer or otherwise associated with
EVERETT HR, LLC. No Entity shall represent to others nor
shall it take any action from which others could reasonably
infer that EVERETT HR, LLC is a partner of or joint venturer
with EVERETT HR, LLC.
13. EVERETT HR, LLC AND ANY ENTITY MAY
REQUIRE THE ARBITRATION OF ANY DISPUTE ARISING UNDER OR
IN CONNECTION WITH THESE TERMS AND CONDITIONS OR THE RELATIONSHIPS
CONTEMPLATED HEREBY. ANY PARTY MAY INITIATE AND REQUIRE
ARBITRATION BY GIVING NOTICE TO THE OTHER SPECIFYING THE
MATTER TO BE ARBITRATED. IF LEGAL ACTION IS ALREADY PENDING
ON ANY MATTER CONCERNING WHICH THE NOTICE IS GIVEN, THE
NOTICE SHALL NOT BE EFFECTIVE UNLESS GIVEN BY THE DEFENDANT
THEREIN AND GIVEN BEFORE THE EXPIRATION OF THIRTY (30) DAYS
AFTER SERVICE OF PROCESS ON THE PERSON GIVING THE NOTICE.
EXCEPT AS PROVIDED TO THE CONTRARY IN THESE PROVISIONS ON
ARBITRATION, THE ARBITRATION SHALL BE CONDUCTED IN VOLUSIA
COUNTY, FLORIDA, AND IN CONFORMITY WITH AND SUBJECT TO APPLICABLE
RULES AND PROCEDURES OF THE AMERICAN ARBITRATION ASSOCIATION
(OR ANY SUCCESSOR THERETO). IF THE AMERICAN ARBITRATION
ASSOCIATION IS NOT THEN IN EXISTENCE AND THERE IS NO SUCCESSOR,
OR IF FOR ANY REASON THE AMERICAN ARBITRATION ASSOCIATION
FAILS OR REFUSES TO ACT THE ARBITRATION SHALL BE IN CONFORMITY
WITH AND SUBJECT TO THE PROVISIONS OF APPLICABLE FLORIDA
STATUTES (IF ANY) RELATING TO ARBITRATION AT THE TIME OF
THE NOTICE. THE ARBITRATORS SHALL BE BOUND BY THESE TERMS
AND CONDITIONS. PLEADINGS IN ANY ACTION PENDING ON THE SAME
MATTER SHALL, IF ARBITRATION IS REQUIRED AS AFORESAID, BE
DEEMED AMENDED TO LIMIT THE ISSUES TO THOSE CONTEMPLATED
BY THE RULES PRESCRIBED ABOVE. UNLESS THE ARBITRATORS ALLOCATE
THEIR FEES AND OTHER COSTS DIFFERENTLY, THE COSTS OF ARBITRATION,
INCLUDING ARBITRATOR’S FEES AND COSTS, SHALL BE SPLIT EVENLY
BETWEEN THE CLAIMANT ON THE ONE HAND AND THE DEFENDANT(S)
TO THE ARBITRATION ON THE OTHER HAND, PROVIDED, IF THERE
IS MORE THAN ONE DEFENDANT, SUCH DEFENDANTS SHALL SPLIT
THE COSTS NOTWITHSTANDING THE ABOVE. THE NUMBER AND SELECTION
OF ARBITRATOR(S) SHALL BE IN ACCORDANCE WITH THE RULES PRESCRIBED
ABOVE, EXCEPT THAT EACH ARBITRATOR SELECTED SHALL BE NEUTRAL
AND FAMILIAR WITH THE PRINCIPAL SUBJECT MATTER OF THE ISSUES
TO BE ARBITRATED. THE TESTIMONY OF WITNESSES SHALL BE GIVEN
UNDER OATH, AND DEPOSITIONS AND OTHER DISCOVERY MAY BE ORDERED
BY THE ARBITRATOR(S). THE RULINGS OF THE ARBITRATORS SHALL
BE FINAL AND BINDING ON THE PARTIES.
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E-mail:
info@everetthr.com
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