Terms of Service

By accessing and using the services provided by the pHRiend, you agree to the terms and conditions set forth in this agreement.

  1. No Legal Advice: The content provided on pHRiend is for general informational purposes only and does not constitute legal advice. This is not a law firm, and the information provided should not be considered a substitute for professional legal advice. Users are advised to consult with a qualified attorney for specific legal concerns.

  2. No Attorney-Client Relationship: The use of pHRiend, including but not limited to submitting inquiries, engaging in chat sessions, or accessing information, does not create an attorney-client relationship between you and us. Any communication with members of pHRiend does not establish a privileged or confidential relationship.

  3. No Guarantee of Accuracy: pHRiend strives to provide accurate and up-to-date information, but it makes no representations or warranties regarding the accuracy, completeness, or suitability of the content. Users acknowledge that the information may be subject to change and should independently verify any information obtained from us.

  4. User's Responsibility: You are solely responsible for your use of pHRiend's services and the consequences of any reliance on the information provided. By engaging with pHRiend, you agree not to hold pHRiend, its owners, employees, or affiliates liable for any loss, injury, claim, liability, or damage related to the use of our services.

  5. Third-Party Links: pHRiend may contain links to third-party websites for additional information. These links are provided for convenience only, and the Website does not endorse or guarantee the accuracy of the content on such third-party sites. Users access these links at their own risk.

  6. Limitation of Liability: To the fullest extent permitted by law, pHRiend, its owners, employees, and affiliates shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages arising out of the User's use or inability to use our services.

    1. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of pHRiend LLC or any other interaction you have with other members of the company remains with you. Neither pHRiend nor any other party involved in creating, producing, or delivering the services, counsel, or advice will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of income or loss of goodwill, service interruption, computer damage, reputational harm, for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the services provided by the company, (iii) from any communications, interactions or meetings with other members or other persons with whom you communicate, interact or meet with as a result of your use of pHRiend LLC, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not pHRiend has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. In no event will pHRiend’s aggregate liability arising out of or in connection with these Terms and your use of the pHRiend including, but not limited to, written, oral, first or second hand advice, interpretation, or counsel, or from the use of or inability to use the service, exceed the amounts you have paid, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between pHRiend and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect pHRiedn’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

      PHRIEND IS  NOT LIABLE FOR ANY ACTIONS, OMISSIONS, OR BEHAVIORS OF USERS OR THIRD PARTIES IN RELATION TO THE SERVICE. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND PHRIEND MATERIALS ARE PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. FOR EXAMPLE, WE MAKE NO WARRANTY THAT (a) THE SERVICE OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR THAT (c) ANY ERRORS OR DEFECTS IN THE SITE, SERVICE, OR MATERIALS WILL BE CORRECTED.

      TO THE FULLEST EXTENT PERMITTED BY LAW, PHRIEND LLC  SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL, PUNITIVE DAMAGES, ANY LOSS OF PROFITS, SALARY, COMMISSIONS, REVENUE, DATA, USE, GOODWILL, REPUTATION, OR OTHER INTANGIBLE LOSSES WHETHER INCURRED DIRECTLY OR INDIRECTLY.

      UNDER NO CIRCUMSTANCES SHALL THE TOTAL LIABILITY OF PHRIEND LLC  RELATED TO THESE TERMS EXCEED ONE HUNDRED US DOLLARS (USD 100).

       THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IN YOUR JURISDICTION.

  7. Indemnification: To the maximum extent permitted by applicable law, you agree to release, defend (at pHRien’ds option), indemnify, and hold pHRiend and its affiliates and subsidiaries, including but not limited to their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the pHRiend’s Platform or services, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, participation or use,, or (iii) your breach of any laws, regulations or third party rights.

  8. Dispute Resolution and Arbitration Agreement: This Dispute Resolution and Arbitration Agreement shall apply if your (i) country of residence or establishment is in the United States; or (ii) your country of residence or establishment is not in the United States, but bring any claim against pHRiend in the United States 

    1. Overview of Dispute Resolution Process. pHRiend is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with pHRiend’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules. Specifically, the Consumer Arbitration Rules provide:

    2. Claims can be filed with AAA online (www.adr.org);

    3. Arbitrators must be neutral and no party may unilaterally select an arbitrator;

    4. Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;

    5. Parties retain the right to seek relief in small claims court for certain claims, at their option;

    6. The initial filing fee for the consumer is capped at $200;

    7. The user gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;

    8. The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.

    9. Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and pHRiend each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact pHRiend’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.

    10. Agreement to Arbitrate. You and pHRiend LLC mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement or interpretation thereof, or to the use of the pHRiend Platform and services, will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and pHRiend agree that the arbitrator will decide that issue.

    11. Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

    12. Jury Trial Waiver. You and pHRiend acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

    13. No Class Actions or Representative Proceedings. You and pHRiend acknowledge and agree that, to the fullest extent permitted by law, we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative proceeding as to all Disputes. Further, unless you and pHRiend both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If the “class action lawsuit” waiver or the “class-wide arbitration” waiver in this Section is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute and the Dispute must proceed in court. If the “private attorney general action” waiver or the “representative proceeding” waiver in this Section is held unenforceable with respect to any Dispute, those waivers may be severed from this Arbitration Agreement and you and pHRiend agree that any private attorney general claims and representative claims in the Dispute will be severed and stayed, pending the resolution of any arbitrable claims in the Dispute in individual arbitration.

  9. Disclaimer of Warranties: By accessing or using the Service, you acknowledge and agree that you may be exposed to materials from others that may be offensive, indecent, or objectionable and that you agree to accept that risk. Opinions expressed on our website or Service do not reflect our views. We do not support or endorse any Content posted by you or other users. Certain Content from others may not be accurately displayed, evaluated, or categorized. While we provide reasonable security measures to protect your Content, we are not liable for any damages resulting from the disclosure of your Content.

    1. WE ARE NOT LIABLE FOR ANY ACTIONS, OMISSIONS, OR BEHAVIORS OF USERS OR THIRD PARTIES IN RELATION TO THE SERVICE. WE ARE NOT LIABLE FOR ANY DAMAGES RESULTING FROM OR RELATED TO INTERACTIONS BETWEEN USERS, INCLUDING BUT NOT LIMITED TO SOLICITATIONS, ATTEMPTED TRANSACTIONS, OR TRANSACTIONS. WE HAVE NO OBLIGATION TO INTERVENE IN DISPUTES BETWEEN USERS ARISING THROUGH THE SERVICE.

    2.  YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND pHRiend MATERIALS ARE PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. FOR EXAMPLE, WE MAKE NO WARRANTY THAT (a) THE SERVICE OR MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; OR THAT (c) ANY ERRORS OR DEFECTS IN THE SITE, SERVICE, OR MATERIALS WILL BE CORRECTED.

  10. Applicable Law and Jurisdiction: If your country of residence or establishment is the United States, these Terms will be interpreted in accordance with the laws of the State of Delaware and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 19 must be brought in state or federal court in the state of Delaware, unless we both agree to some other location. 

  11. Acceptance of Terms: By using the website and engaging with pHRiend, you acknowledge that you have read, understood, and agree to be bound by the terms and conditions of this agreement.

  12. Changes to Terms: pHRiend reserves the right to modify, amend, or update this waiver at any time without prior notice. Users are encouraged to review the terms periodically for changes.