Insperity.com Terms of Use

Last Updated:  January 14, 2022

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/OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU ARE AN AUTHORIZED USER AND YOU HAVE READ, UNDERSTOOD, 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.

1. Application of Terms; Updates

This site is operated and/or controlled by Insperity Services, L.P. (“Insperity”, “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.  Insperity also may make improvements and/or changes in the services, products, programs, and/or features offered through this Site at any time, in its sole discretion, without advanced notice to you. Nothing on this Site shall be interpreted as offering legal, tax, or financial advice.

You may review the current version of these terms and conditions at any time. Any changes or amendments to this Agreement will be effective upon the date updated and published on this Site. It is your responsibility to periodically check these Terms of Use for applicable changes. Your continued use of this Site following Insperity’s posting of any notice of change or amendment will constitute your agreement to such changes or amendments and to the then-current version of this Agreement.

2. Site Resources

This Site allows you to access certain resources and marketing materials regarding our business, products, and services including, but not limited to investor relations materials, community involvement initiatives, company news, blogs, webinars, podcasts, client testimonials, product and service descriptions, and job postings.

3. 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 Insperity’s 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 Insperity does not solicit data from children or market to children.  

This Site is controlled and operated by Insperity from its offices within the USA.  Insperity 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. 

4. Privacy and Security

Insperity will be responsible for the security, confidentiality and integrity of all confidential information, including personal information, properly submitted by you to us via this Site. However, you will be solely responsible for your access and retrieval of any confidential information from this Site, and you are required to maintain the security, confidentiality and integrity of such information 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 information, and 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.

5. Site Access

You will be solely responsible for any authorized or unauthorized access by any person to the portions of this Site that require 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 any unauthorized access is caused by our breach of this Agreement.

Do not misuse this Site. For example, do not interfere with the Site or try to access the services accessible from the Site by using a method other than the interface and the instructions that 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. 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 be harmful to this Site. By accessing this Site, you acknowledge that Insperity reserves the right in its sole discretion to refuse or terminate your access to this Site at any time. You agree to not share your Site access criteria with others. You are responsible for completely and properly exiting from this Site at the end of any session.

6. Intellectual Property Rights and Alleged Copyright Infringement

Insperity and its affiliates, and its and their suppliers or licensors own all copyrights to the Content on this Site and all other intellectual property rights related to this Site, except with respect to Content you may submit.  All trademarks, service marks, and trade names (collectively, the “Insperity Marks”) are proprietary to Insperity, its affiliates, or its or their suppliers or licensors. You acknowledge that You have been advised by Insperity that the Content, Insperity Marks and all other proprietary material accessible through this Site is protected in the U.S. and internationally by a variety of 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 and 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.  YOU MAY ONLY VIEW OR DOWNLOAD CONTENT FROM THIS SITE FOR YOUR OWN 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 we 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.

7. Forums and Postings

All posts become the property of Insperity and Insperity may remove any objectionable messages, postings and comments from this Site or close any discussion thread for any or no reason. However, it is impossible for us to review all messages. All messages express the views of the author, and not Insperity.  Insperity will not be held responsible for the content of any message, comment or information provided by any third party. Insperity does not endorse any businesses or individuals which may solicit business from this Site through the posting of comments or messages on this Site.  You should always research all products and services independently and make your own informed decision.

8. Product Reviews

You should perform your own research and evaluation of the products and services offered and make your own well-informed decision before buying any products or services. The product reviews and client testimonials offered on this Site are solely the opinion of the individual reviewer who wrote the review or client who provided the testimonial.  We shall have no liability whatsoever for any opinion, product or service review appearing on this Site.

9. Candidate Portal

This Site contains a portal which allows you to create a user account and respond to job/career postings (“Candidate Portal”).  Insperity 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 that 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 in accordance with our retention policies and applicable laws. Make sure you have the necessary rights to grant us this license for any Candidate Data that you submit to our Candidate Portal as accessed through this Site.

INSPERITY IS NOT TO BE CONSIDERED YOUR EMPLOYER WITH RESPECT TO 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 ITS CLIENT COMPANIES FOR WHICH IT PROVIDES RECRUITING SERVICES. INSPERITY SHALL NOT BE RESPONSIBLE FOR ANY EMPLOYMENT DECISIONS, FOR WHATEVER REASON, MADE BY ANY INSPERITY CLIENT COMPANY OR OTHER ENTITY POSTING JOBS FOR WHICH YOU ARE APPLYING THROUGH THE CANDIDATE PORTAL. 

Insperity encourages You to keep a back-up copy of any of your Candidate Data. To the extent permitted by law, in no event shall Insperity be liable for the deletion, loss, or unauthorized modification of any Candidate Data.

10. 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 U.S. 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 take precautions 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 to determine for yourself 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 to hypertext links to External Sites are provided solely as a convenience to you and are the property of their respective owners.   Unless otherwise expressly stated in writing, Insperity makes no representation or warranty as to any third-party content, products or service, and 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 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.

If You are interested in creating any links to this Site, you must get approval from Insperity’s Marketing Department before doing so via request to [email protected]. 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 Insperity, including its respective employees, agents, directors, officers and shareholders.  You agree to remove any link to this Site immediately upon request by Insperity.

11. 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 law; and (iii) User shall comply with all terms and conditions of this Agreement.

12. Prohibited Use

Users are solely responsible for all errors, mistakes, acts and omissions that occur by the use of 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 13 years old, (h) engage in any other activity deemed by Insperity 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. 

13. 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 NONINFRINGEMENT IN RELATION TO THIS SITE. INSPERITY MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE USE OF THIRD- PARTY WEB SITES, IF ANY, INCLUDING GOVERNMENT SITES, TO WHICH YOU GAIN ACCESS VIA THIS SITE. 

YOU RELEASE INSPERITY, 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 ASSERTED ON THE BASIS OF 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 INSPERITY’S TOTAL LIABILITY FOR DIRECT DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THIS SITE EXCEED $100 AND YOU AGREE TO INDEMNIFY, HOLD HARMLESS AND DEFEND INSPERITY, ITS AFFILIATES AND 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 have the benefit of consumer guarantees and warranties given under statute (“Mandatory Terms”). Where any statute applies to this Agreement to give you 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, and 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 terms in relation to this Section 13.

14. Termination

Insperity 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 You may have with Insperity.

15. Miscellaneous

a.  Notice.  All notices to Insperity regarding this Site shall be in writing by certified mail or commercial delivery service against receipt to the attention of the General Counsel, Insperity, Inc. at 19001 Crescent Springs Drive, Kingwood, Texas 77339 or sent by email to [email protected]. Notice shall not be by facsimile transmission.

b.  Law. This Agreement shall be governed by the laws of the State of Texas 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 in the federal or state courts located in Harris County, Texas.  Notwithstanding anything to the contrary in this paragraph, Insperity may apply to a court of any other jurisdiction for injunctive or other equitable relief in respect of a breach or anticipated breach by you of this Agreement. The parties waive any right to jury trial in connection with any action or litigation in any way arising out of 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 through this Site to Insperity or its affiliates. We will have all present and future existing rights to the feedback. We will not be liable for any similarities to provided 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 any of your personal or confidential information for any commercial or other purpose, 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 cannot be resolved by you and us through good faith informal negotiation within a reasonable period of time (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 U.S.C. §§ 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 with the American Arbitration Association (the “AAA”). The demand for arbitration will be made within a reasonable time after the claim, dispute or other matter in question has arisen, and in no event will any such demand be made after the date when 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 solely on an individual basis. 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. Any arbitration will be conducted by the AAA 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 home jurisdiction is outside the U.S. mainland, in which case arbitration will be held in Harris County, Houston, Texas. Each party will bear its own expenses in the arbitration and will share equally the costs of the arbitration; provided, however, that the arbitrator may, in its discretion, award costs and fees to the prevailing party.

f.  Entire Agreement. This Agreement constitutes the complete statement of the agreement between Insperity and you with respect to your use of this Site and supersedes any prior or contemporaneous communications, negotiations, representations, statements and understandings, whether oral or written, between the parties concerning this Site.