Home : Terms of Use

Terms of Use

The information below is available as a PDF file format. Click here for a copy.

By using this site, you agree to the following terms of use (TOU). If you do not agree to the terms and conditions set forth below, please exit the site immediately.

SITE DESCRIPTION
Welcome to GEVITY. Through our corporate internet sites, GEVITYHR.COM, GEVITYCENTRAL.COM, GEVITYINSTITUTE.com or any other Web site owned, operated, licensed, or controlled by GEVITY (collectively referred to as the "GEVITY Web Sites"), we provide clients, worksite employees, and guest users (each a "User") with access to a variety of online resources, including productivity tools, administrative services, HR and payroll self-service, and other information. We do this both through Gevity Web Sites and by linking to Web sites of companies with which we work. We call these companies our "business partners." The term "GEVITY" (or "we" and "us") includes Gevity HR, Inc. and all of the subsidiaries and affiliates of Gevity HR, Inc. In order to use GEVITY Web Sites, you must obtain access to the World Wide Web, either directly or through devices that access Web-based content, and pay any service fees associated with such access. In addition, you must provide all equipment and software necessary to make a connection to the World Wide Web, including a computer and modem or other access device, and a World Wide Web browser. System and hardware recommendations can be found in our Frequently Asked Questions, which are accessible through the online Service Center.

These TOU pertain to a User's use of a GEVITY Web Site and do not supersede a Professional Services Agreement (or similar agreement) executed between the User and Gevity.

GENERAL PRACTICES AND LIMITATIONS
You acknowledge that GEVITY may establish, in its sole discretion, practices and limits concerning use of GEVITY Web Sites, including without limitation, the maximum number of days that messages or other uploaded Content (as defined under "Content and Related User Conduct" below) will be retained by GEVITY, the maximum number of messages and the maximum size of any message that may be sent from or received by an account on GEVITY Web Sites, the maximum disk space that will be allotted on GEVITY's servers on your behalf, the maximum number of times (and the maximum duration for which) you may access GEVITY Web Sites in a given period of time, and the maximum time during which your use of your GEVITY account may remain inactive. You agree that GEVITY has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by GEVITY. You acknowledge that GEVITY reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that GEVITY reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

CHANGES OR AMENDMENTS TO TOU
GEVITY reserves the right to change or amend any of these TOU at any time in its sole discretion. Any changes or amendments will be effective upon posting notice of the revised TOU on the GEVITY Web Site. Your continued use of GEVITY Web Sites after any such revisions have been implemented shall be deemed your acceptance of such new terms and conditions. These TOU were last revised on February 26, 2004.

TERMINATION
These TOU are effective until and unless terminated by GEVITY, for any reason, with or without notice. Upon termination, you must destroy all materials obtained from the GEVITY Web Sites and all copies thereof, whether made under the terms and conditions herein or otherwise.

You further agree that GEVITY and/or its business partners, in its sole discretion, may terminate your password, account identification or use of a GEVITY Web Site, and remove and discard any data stored within a GEVITY Web Site, for any reason, without prior notice, including, without limitation, for lack of use or if GEVITY believes that you have violated or acted inconsistently with the letter or spirit of these TOU. Further, you agree that GEVITY, its business partners and/or their respective directors, officers, and employees shall not be liable to you or any third-party for any termination of your access to a GEVITY Web Site. GEVITY, its business partners, and/or their respective directors, officers, and employees shall have no obligation following any termination. GEVITY may charge you a fee, as determined by GEVITY in its discretion, to reinstate your access to a GEVITY Web Site after you have been disconnected. Of course, if you wish to terminate use of a GEVITY Web Site, you may do so at any time.

YOUR REGISTRATION OBLIGATIONS
In consideration of your use of GEVITY's Web Sites, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by applicable registration forms (such information being the "Registration Data"), including valid credit card information (when applicable); and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.

Any User submitting payroll information on a GEVITY Web Site certifies that: (a) all hours worked by any employee have been reported; (b) all employees have been properly classified as exempt or non-exempt; (c) overtime has been properly reported for all non-exempt employees; and (d) all employees on leave (i.e., worker's compensation, FMLA, disability, sick, vacation or leave of absence) have been reported and documented with explanation.

If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, GEVITY may suspend or terminate your access to GEVITY Web Sites and refuse any and all current or future use of GEVITY Web Sites or any portion thereof.

GEVITY PRIVACY POLICY
Registration Data and other information that is personal to you that you provide in the course of using a GEVITY Web Site are subject to our Privacy Policy. This Registration Data and other information may be entered by you or by your company's Administrator. By use of a GEVITY Web Site, you are consenting to GEVITY and its business partners' use of any information collected by or transmitted to GEVITY as set forth in the Privacy Policy and/or these TOU. For more information, please see our Privacy Policy.

MEMBER ACCOUNT, PASSWORD AND SECURITY
At some GEVITY Web Sites, you will have the opportunity to select a User ID and password during the registration process. Please select a password that would not be obvious to someone trying to guess your password, and change it once in a while as an added precaution. You are responsible for maintaining the confidentiality of the password and account, and you are fully responsible for all activities that occur under your password or account identification. You agree to: (a) immediately notify GEVITY of any unauthorized use of your password or account or any other breach of security (through the contact link provided on the applicable GEVITY Web Site); and (b) ensure that you exit from your account at the end of each session. GEVITY cannot and will not be liable for any loss or damage arising from your failure to comply with these provisions.

None of the GEVITY Web Sites are intended for use by children. GEVITY does not solicit data from children or market to children. Accordingly, you agree not to share your password with any person under the age of 18, or to allow any person under the age of 18 to access a GEVITY Web Site.

CONTENT AND RELATED USER CONDUCT
You understand that all information, data, text, messages and other materials (collectively the "Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. Among other things, this means that you, and not GEVITY, are entirely responsible for all Content that you transmit via GEVITY Web Sites. GEVITY does not control the Content posted via GEVITY Web Sites by its Users and, therefore, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using GEVITY Web Sites, you may be exposed to Content that is inaccurate, offensive, indecent or objectionable. Under no circumstances will GEVITY be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted or available via GEVITY Web Sites.

You agree to use GEVITY Web Sites in a manner consistent with any and all applicable laws and regulations. Specifically, you agree not to use GEVITY Web Sites for any offensive, harassing, or deceitful purpose, or take any action that, in GEVITY's sole opinion, restricts or inhibits other users from using and enjoying GEVITY Web Sites, such as but not limited to, the use of inaccurate or invalid data, vulgar, profane or otherwise offensive language or inappropriate aliases. You specifically agree not to submit, publish, or display on GEVITY Web Sites any defamatory, inaccurate, abusive, obscene, profane, sexually oriented, threatening, racially offensive, or illegal material; nor will you encourage the use of controlled substances. Transmission of material, information or software in violation of any local, state or federal law is prohibited and is a breach of these TOU. You specifically agree not to upload, post or reproduce in any manner any materials protected by copyright without the permission of the copyright owner.

You acknowledge that GEVITY does not pre-screen Content, but that GEVITY and its designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available via GEVITY Web Sites. Without limiting the foregoing, GEVITY and its designees shall have the right to remove any Content that violates these TOU or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge and agree that GEVITY may preserve Content and may also disclose Content if permitted by the Privacy Policy and/or required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these TOU; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of GEVITY, its business partners, its Users and the public.

By uploading or submitting any materials to us, you grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

NO RESALE OF SERVICE; LICENSE LIMITATIONS
We grant to you a limited, non-exclusive, non-transferable, revocable license to use GEVITY Web Sites only for the intended purposes of each site. You may not sell, resell, or otherwise use or commercially exploit any GEVITY Web Site other than by using it for its intended purposes in connection with your business. You further agree not to reproduce, prepare derivative works from or otherwise commercially exploit any portion of a GEVITY Web Site for any purposes other than its intended purposes.

You may not modify, translate, decompile, disassemble, reverse engineer or otherwise attempt to derive the source code for the computer systems and other technology that operate GEVITY Web Sites. For purposes of these TOU, "reverse engineering" shall mean the examination or analysis of a GEVITY Web Site to determine the source code, structure, organization, internal design, algorithms or encryption devices of GEVITY Web Sites' underlying technology.

The license granted to you under these TOU will automatically terminate upon termination of your account as a client or work site employee of GEVITY. GEVITY also has the right to terminate the license of any User at any time for any or no reason, solely in its discretion.

DEALINGS WITH ADVERTISERS AND SERVICE PROVIDERS
Your correspondence or business dealings with, or participation in promotions of, advertisers or service providers found on or through GEVITY Web Sites, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertisers or service providers. You agree that GEVITY and/or its directors, officers, and employees shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or service providers on GEVITY Web Sites. Any and all limitations, rights and remedies contained in your Professional Services Agreement with GEVITY are expressly reserved.

LINKS
GEVITY Web Sites may contain links to other World Wide Web sites. If you click on these links, you will be re-directed to third-party web sites, which are neither owned nor controlled by GEVITY. GEVITY makes no warranty, express or implied, with respect to the use of the links provided, nor the content contained at the third-party web sites. Links to third-party Web sites do not constitute an endorsement of those Web sites by GEVITY. GEVITY does not guarantee the accuracy, completeness, usefulness or adequacy of any resources, information, apparatus, product or process accessed via such sites; and is not responsible and shall be held harmless by you for any errors or omissions in the resources or information accessed at or through GEVITY Web Sites.

You acknowledge that your use of these linked sites is subject to different terms of use than these TOU, and may be subject to different privacy practices than those set forth in the Privacy Policy governing GEVITY Web Sites. If you are not satisfied with Web sites provided by third parties, you must contact the third parties directly. You further acknowledge and agree that GEVITY and/or its directors, officers, and employees shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

GEVITY'S PROPRIETARY RIGHTS, COPYRIGHT AND TRADEMARK INFORMATION
All content on the GEVITY Web Sites, including text, graphics, images, and any software used in connection with them, are the property of GEVITY, its content suppliers and/or business partners, and are protected by U.S. and international copyright laws.

Permission is hereby granted to print in hard copy portions of GEVITY Web Sites for authorized purposes.. Any other use of any portion of a GEVITY Web Site, including reproduction for purposes other than those specified herein, modification, distribution, or publication, are expressly prohibited without the prior written permission of GEVITY.

GEVITY, GEVITY PEOPLE 1st, the GEVITY logo, and other trademarks and service marks used at the GEVITY Web Sites, are the trademarks of GEVITY and may not be used without GEVITY's written permission and adherence to GEVITY's branding guidelines. All other trademarks not owned by GEVITY that may appear at a GEVITY Web Site are the property of their respective owners.

If you have reason to believe that any person, company or business has violated GEVITY's trademark rights or infringed GEVITY's copyright-protected material, please notify the Legal Department at GEVITY's Bradenton, Florida, offices, or by notifying the Web site administrator.

DISCLAIMER
THE GEVITY WEB SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. GEVITY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GEVITY DOES NOT WARRANT THAT THE GEVITY WEB SITES WILL OPERATE UNINTERRUPTED OR BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT GEVITY WEB SITES OR THE SERVERS THAT MAKES A SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GEVITY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF GEVITY WEB SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT GEVITY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

GEVITY DOES NOT WARRANT THAT YOUR ACTIVITIES OR USE OF A GEVITY WEB SITE ARE LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, SPECIFICALLY DISCLAIMS SUCH WARRANTIES. YOU UNDERSTAND THAT BY USING A GEVITY WEB SITE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE A GEVITY WEB SITE.

LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL GEVITY BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OR RESULT FROM THE USE OF, OR THE INABILITY TO USE, A GEVITY WEB SITE, EVEN IF GEVITY OR A GEVITY AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH DAMAGES ARISE UNDER CONTRACT, TORT OR NEGLIGENCE CLAIMS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL GEVITY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED $200. IF YOU ARE DISSATISFIED WITH A GEVITY WEB SITE, YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO CEASE USE OF THE WEB SITE.

INDEMNITY
You agree to indemnify GEVITY, its shareholders, directors, officers, employees and agents, against, and GEVITY agrees to control, any litigation, negotiations, discussions, settlements or associated dealings, for any claims, demands, penalties, fines, liabilities, attorneys' fees, court costs, legal expenses and causes of action of any nature, whether civil or criminal, that may arise either directly or indirectly as a result of your use of a GEVITY Web Site.

JURISDICTION
These TOU shall be governed by and construed in accordance with the laws of the State of Florida, without giving any effect to any principles of conflicts of law. You agree and consent to the sole and exclusive jurisdiction of the state or federal courts located in Manatee County, Florida, for any action or claim arising out of the use of GEVITY Web Sites, or any infringement of GEVITY's intellectual property rights by you.

CAUTIONARY NOTE REGARDING FORWARD-LOOKING STATEMENTS
In connection with the safe harbor provisions of the Private Securities Litigation Reform Act of 1995 (the "Reform Act"), GEVITY is hereby providing cautionary statements identifying important factors that could cause GEVITY's actual results to differ materially from those projected in forward-looking statements (as such term is defined in the Reform Act) made by or on behalf of GEVITY on the GEVITY Web Sites, in filings made by GEVITY with the Securities and Exchange Commission, in press releases or other writings, or orally, whether in presentations, in response to questions or otherwise. Any statements that express, or involve discussions as to, expectations, beliefs, plans, objectives, assumptions or future events or performance (often, but not always, through the use of words or phrases such as "will result," "are expected to," "anticipated," "plans," "intends," "will continue," "estimated," and "projection") are not historical facts and may be forward-looking and, accordingly, such forward-looking statements involve known and unknown risks, uncertainties and other factors that may cause the actual results or performance of GEVITY to be materially different from any future results or performance expressed or implied by such forward-looking statements. Such known and unknown risks, uncertainties and other factors include, but are not limited to, the following: