Staffing Online® Terms and Conditions of Use Agreement
Staffing Online® Terms and Conditions of Use Agreement
If you use the Service to search for employees, view resumes, post jobs or to permit prospective new employees or contractors of your organization to complete new hire onboarding documents on Staffing Online®, you are an “Employer.” We may also sometimes refer to Employers on the Service as a “Job Poster” when they are only using the Service to post jobs for their organization, and review job applications and resumes. Section 4 of this Agreement contains specific provisions applicable to you if you are using the Service as an Employer. In addition, please review the terms of Section 9 & 10 carefully.
If you use the Service to search for, or apply for jobs through the Service, or to use the Staffing Online® portion of the Service as a prospective new employee or contractor, you are a “Candidate.” We may also sometimes refer to Candidates in this Agreement as “Job Seekers” when they are only using the Service to search for, or apply for jobs through the Service or upload resumes to the Service. Section 5 of this Agreement contains specific provisions applicable to you if you are using the Service as a Candidate. In addition, please review the terms of Sections 9 & 10 carefully.
All offers, promotions, and prices are limited time offers. As such they are subject to change without any further notice.
This Agreement contains an Arbitration provision, which will, with limited exception, require you to submit disputes you have against Staffing Online® and its affiliates to binding and final arbitration. You will only be permitted to pursue claims against Staffing Online® on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.
1. Use of Our Service
You may use the Service only if you are at least eighteen (18) years of age and can form a binding contract with Staffing Online®, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Service by anyone under 18 is strictly prohibited and in violation of this Agreement. The Service is not available to any Users previously removed from the Service by Staffing Online® unless we provide such Users with specific written authorization to re-use the Service. If you use Staffing Online® on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. You must not be a competitor of Staffing Online® or use our Service for reasons that are in competition with Staffing Online®.
B. Service Functionality
The Service gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. We may maintain different types of accounts or services for different types of Users, such as Candidates and Employers. Using another User’s account without permission is strictly prohibited.
By providing Staffing Online® your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt-out by contacting us at email@example.com. If you are a job seeker, opting out may prevent you from receiving email messages regarding updates, improvements, offers, or information about jobs that may suit you. By submitting a job application on the Service or by completing any new hire documents on the Service, you give us permission to store your information on the Service and to share your information with the Employer posting the job or requesting you to complete the new hire documents. By connecting to Staffing Online® with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
By using the Service, you acknowledge that we do not have control over the quality, timing, or legality of the information uploaded to the Service by Users. In addition, you acknowledge that we do not have control over the integrity, responsibility or actions of Candidates or Employers. We do not refer or recommend either Candidates or Employers. We do not make any representations about the integrity, responsibility, or actions of Candidates or Employers, whether in public, private, or offline interactions.
C. User Accounts
The information in this section applies to all User accounts. You may control your profile information and how you interact with the Service by changing the settings on your My Profile page. When creating your account or uploading information to the Service through your account, you represent and warrant that you will provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers, and symbols) with your account. You must notify Staffing Online® immediately of any breach of security or unauthorized use of your account. Staffing Online® will not be held liable for any losses resulting from the unauthorized use of your account.
D. Service Rules
You agree not to engage in any of the following prohibited activities: (a) copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; (b) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the Staffing Online® servers than a human can reasonably produce in the same period of time by using a conventional online web browser (except that Staffing Online® grants the operators of public search engines revocable permission to use “spiders” to copy materials from staffingonline.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials; (c) transmitting spam, chain letters, or other unsolicited email; (d) attempting to interfere with, compromise the system integrity, security, or decipher any transmissions to or from the servers running the Service; (e) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (f) uploading invalid data, viruses, worms, or other software agents through the Service; (g) collecting or harvesting any personally identifiable information from the Service, except as expressly permitted by the features of the Service; (h) using the Service for any commercial solicitation purposes; (i) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (j) interfering with the functionality of the Service; (k) accessing any content on the Service through any technology or means other than those provided or authorized by the Service; or (l) bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
We may, without prior notice, change the Service, stop providing the Service or features of the Service, to you or to Users generally; or create usage limits for the Service (for paid services). We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if (in our sole determination) you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
You are solely responsible for your interactions with other Staffing Online® Users, including Candidates if you are an Employer, and Employers if you are a Candidate. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Staffing Online® shall not be held liable for your interactions with other Users, or for any User’s action or inaction. Staffing Online® shall have no obligation to you to enforce this Agreement against any other User.
E. User Content
Some parts of the Website, such as message boards, job listings, and forums, may allow users to post text, job solicitations, resumes, information, images, audio, video, messages, and other materials, (any such materials a user submits, posts, displays, or otherwise makes available on the Website is referred to as “User Content”). Such functionality is designed to help readers obtain career and company information, facilitate communication, discuss ways to make career decisions and to let users know of job opportunities. This User Content is provided by outside contributors, many of whom use anonymous screen names. They may occasionally post User Content, including messages or statements that are misleading, deceptive, or unequivocally incorrect. Staffing Online® does not endorse and is not responsible for any opinion, advice, information, or statement contained in the User Content made or displayed on the website by third parties. You acknowledge that by accessing the website, you may come into contact with content that you find harmful, offensive, threatening, indecent, or objectionable. You acknowledge that Staffing Online® shall have no liability to you for the content including, but not limited to explicit language and other potentially offensive material.
Users of the website must not post User Content or information that is unlawful, fraudulent, discriminatory, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or that contains sexual, ethnic, racial or other discriminating slurs or material that contains no relevant or constructive content, which goes beyond profanity into obscenity or abhorrence, or which is otherwise in violation of the law. Users are also prohibited from posting any User Content that contains proprietary information, trade secrets or confidential information. User Content may not contain any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us), or encourage or cause spamming or flooding.
When you create a Career Site or post a job solicitation on Staffing Online®, whether part of the Staffing Online® Ads program or as a free posting, you agree that all of Staffing Online’s® terms, including the Staffing Online® Privacy and Cookie policies apply to you and to the applicants applying through such Sites or solicitations. You also agree that Staffing Online® shall utilize its Staffing Online® Apply email relay function for such job solicitations and that applicants to those jobs and utilizing such career site shall apply through Staffing Online® Apply. If you post a job solicitation on Staffing Online® with questions to applicants, you agree to be responsible for the content of such questions. You agree that Staffing Online® may reject or remove any job listing or any part of any career site or any screening question for any or no reason. You shall indemnify and defend Staffing Online®, its agents, affiliates, and licensors from any third party claim or liability (including without limitation reasonable legal fees) arising out of your posting a job on Staffing Online®, using screening questions, or creating a career site.
You are prohibited from posting any User Content containing official identification information (whether your own or of another person) on the website, such as social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information may lead to identity theft and other adverse consequences. Staffing Online® may remove such numbers but does not undertake any obligation to do so and undertakes no responsibility and disclaims all liability for posting of such numbers.
Although Staffing Online® has no obligation to do so, Staffing Online® may monitor messages posted on the website and reserves the right to delete any User Content or portion thereof which violate the above rules, messages, topics that are unrelated to the specific portion of the website on which they are posted, advertisements, recruiting or other commercial messages, and any other User Content that Staffing Online® deems in its sole discretion is inappropriate. If you believe a message violates our policies, please contact Staffing Online® immediately so that we can consider its editing or removal. Staffing Online® does not promise to remove any User Content and interpretation of whether User Content violates any Staffing Online® policy always remains within the sole discretion of Staffing Online®.
Staffing Online® reserves the right to disclose all User Content and other relevant information and the circumstances surrounding their transmission to any third party in order to operate the website properly; to protect itself, its partners and its visitors; and to comply with legal obligations or governmental requests. This means Staffing Online® may honor court-mandated requests to reveal a user’s electronic address and identity.
Without limiting the generality of the foregoing, Staffing Online® reserves the right (but are under no obligation) to remove any job listings that directly or indirectly discriminate against applicants. Direct discrimination means that a job listing specifically makes it clear that they only want applicants that match a certain criterion, thereby excluding others because of their gender, race, age or disability. Indirect discrimination means that a job listing implicitly excludes certain classes of applicants by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any job listings that contain direct or indirect discrimination.
Please note: Section 230 of the U.S. Communications Decency Act provides that:
(1) Treatment of publisher or speaker
No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.
(2) Civil liability
No provider or user of an interactive computer service shall be held liable on account of:
(A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
(B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).
F. Rights to Use Materials
To the maximum extent permitted by law, if you post content or submit material to Staffing Online®, including photographs, and material you submit for a job solicitation hosted on Staffing Online®, you grant Staffing Online® a non-exclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and materials for the purpose of publishing material on the Staffing Online® website or its publisher partners, maintaining the Staffing Online® website and promoting Staffing Online® without restriction. Furthermore, you grant Staffing Online®, its affiliates, and sublicensees the right to use your name and/or username in connection with the content. When you apply for a job, through Staffing Online® Apply, you are sending your resume and application information to Staffing Online®, and asking Staffing Online® to share that information with a third party. As an employer, when you respond to or contact a job seeker who has used the Staffing Online® Resume product, or Staffing Online® Apply, you are sharing that information with Staffing Online® and asking us to share it with the jobseeker. When you, an employer or job candidate, send materials through Staffing Online® Apply and Staffing Online® Resume, Staffing Online® may use those materials for data analysis, quality control, and to provide better search quality and candidate quality results for job seekers and employers. Staffing Online® may also analyze words on a job seeker’s resume to match the words of certain job description by an employer, in order to improve Service to both job seekers and employers. You represent and warrant that: (a) you own the content posted by you on or through the website or otherwise have the right to grant the license set forth in this section, (b) the posting and use of your content on or through the website does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (c) the posting of your content on the website does not result in a breach of contract between you and a third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person or entity by reason of content you post on or through the website. You agree to defend and indemnify Staffing Online® and its affiliates from any claims resulting from any content or materials you provide hereafter. If you wish to revoke your license grant for any such content, please send a certified letter of request to the postal address listed below with a copy of your passport or national identity card (for identity verification purposes) and request removal of such content. Your certified letter of request must include (a) the signature of the applicable rights holder for such content or a person authorized to act on behalf of the rights holder; (b) identification of the content for which the license is to be revoked and information reasonably sufficient to allow Staffing Online® to locate and remove the content on the website; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such materials. There may be a charge for answering and executing such a request; please contact Staffing Online® for more details.
At your discretion, you may provide feedback to Staffing Online® at firstname.lastname@example.org concerning the functionality and performance of the website from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby grant Staffing Online® a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback and materials for any purpose without restriction. You agree that Staffing Online® may disclose that Feedback to any third party in any manner and you agree that Staffing Online® has the ability to sublicense all Feedback in any form to any third party without restriction. By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction, and will not place Staffing Online® under any fiduciary or other obligation and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that by acceptance of your Feedback, Staffing Online® does not waive any rights to use similar or related ideas previously known to Staffing Online®, or developed by its employees, or obtained from sources other than you.
2. End User License Grant
A. Staffing Online® Service
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, non-sublicensable, freely revocable, license to use the Service. Staffing Online® reserves all rights not expressly granted herein in the Service and the Staffing Online® Content (as defined below). Staffing Online® may terminate this license at any time for any reason and/or no reason.
B. Mobile Software
We may make available software to access the Service via a mobile or tablet device (“Mobile Software”). To use the Mobile Software, you must have a mobile device that is compatible with the Mobile Service. Staffing Online® does not warrant that the Mobile Software will be compatible with your mobile device. Staffing Online® hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one Staffing Online® account device owned or leased solely by you, for your personal use. You may not: (a) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (b) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (c) make any copies of the Mobile Software; (d) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (e) delete the copyright and other proprietary rights notices on the Mobile Software. You acknowledge that Staffing Online® may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license EULA, if any, authorizing the use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and Staffing Online® or its third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in this Agreement, is void. Staffing Online® reserves all rights not expressly granted under this Agreement. If the Mobile Software is being acquired on behalf of the United States Government, then the following provision applies. Use, duplication, or disclosure of the Mobile Software by the U.S. Government is subject to restrictions set forth in this Agreement and as provided in DFARS 227.7202-1(a) and 227.7202-3(a) (1995), DFARS 252.227-7013(c)(1)(ii) (OCT 1988), FAR 12.212(a) (1995), FAR 52.227-19, or FAR 52.227-14 (ALT III), as applicable. The Mobile Software originates in the United States and is subject to United States export laws and regulations. The Mobile Software may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Software may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to the use of the Mobile Software and the Staffing Online® Service.
(1) Mobile Software from Apple App Store. The following applies to any Mobile Software you acquire from the Apple App Store or its successors (“Apple App Store-Sourced Software”) as operated by Apple Inc. or one of its affiliates (“Apple”): To the extent the other terms and conditions of the Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this paragraph, the more restrictive or conflicting terms and conditions in this paragraph apply, but solely with respect the Apple App-Store Software. You acknowledge and agree that this Agreement is solely between you and Staffing Online®, not Apple and that Apple has no responsibility for the Apple App-Store Software or content thereof. Your use of the Apple App-Store Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App-Store Software. In the event of any failure of the Apple App-Store Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple App-Store Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple App-Store Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to Staffing Online® as provider of the software. You and Staffing Online® acknowledge that Apple is not responsible for addressing any claims made by you or any third party relating to the Apple App-Store Software or your possession and/or use of the Apple App-Store Software, including, but not limited to: (a) product liability claims; (b) any claim that the Apple App-Store Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to Staffing Online® as provider of the Apple App-Store Software. You acknowledge that, in the event of any third party claim that the Apple App-Store Software or your possession and use of that Apple App-Store Software infringes that third party’s intellectual property rights, Staffing Online®, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and Staffing Online® acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement as relates to your license of the Apple App-Store Software, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple App-Store Software against you as a third-party beneficiary thereof.
(3) Mobile Software from Google Play. If you acquire any Mobile Software from Google Play (or its successors) operated by Google, Inc. or one of its affiliates (“Google”), then to the extent of any conflict between (a) the Google Terms of Service and the Google Play Business and Program Policies or such other terms which Google designates as default end user license terms for Google Play (all of which together are referred to as the “Google Play Terms”), and (b) the other terms and conditions of this Agreement, the Google Play Terms shall apply with respect to your use of any Mobile Software that you acquire from Google Play. Staffing Online® and you hereby acknowledge that Google does not have any responsibility or liability related to compliance or non-compliance by Staffing Online® or you (or any other user) under this Agreement or the Google Play Terms.
C. Website Rules
You agree not to access (or attempt to access) the website by any means other than through the interface that is provided by Staffing Online® unless you have been specifically allowed to do so in a separate agreement with Staffing Online®. You agree that you will not engage in any activity that interferes with or disrupts the website (or the servers and networks which are connected to the website). Unless you have been specifically permitted to do so in a separate agreement with Staffing Online®, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the website for any purpose. You agree that you are solely responsible for (and that Staffing Online® has no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which Staffing Online® may suffer) of any such breach.
You agree you shall not transmit to Staffing Online® or upload as part of the website any harmful code and/or use misappropriate data on the website for your own commercial gain. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (a) exceeding a number of copies, (b) exceeding a number of users, (c) passage of a period of time, (d) advancement to a particular date or other numeral, (e) use of a certain feature; (f) would enable an unauthorized person to cause such result; or (g) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission. Without limiting the foregoing and by way of example only, users may not:
Generate or facilitate unsolicited commercial email (“spam”). Such activity includes but is not limited to:
· Sending messages in violation of the USA CAN-SPAM Act or any other applicable anti-spam law
· Imitating or impersonating another person or his, her or its email address, or creating false accounts for the purpose of sending spam
· Data mining any Staffing Online® property to find contact information
· Sending messages to users who have asked not to be contacted
· Selling, exchanging or distributing to a third party the contact information of any person without such person’s knowing and continued consent to such disclosure
· Using Staffing Online® Resume contacts in contravention to Staffing Online® policy, as determined by Staffing Online® and indicated by low response rates from those persons contacted.
· Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content
· Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature
· Conduct or forward pyramid schemes and the like
· Transmit content that may be harmful to minors
· Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email
· Illegally transmit another’s intellectual property or other proprietary information without such owner’s or licensor’s permission
· Use the Website to violate the legal rights (such as rights of privacy and publicity) of others
· Promote or encourage illegal activity
· Interfere with other Staffing Online® users’ enjoyment of the website
· Create multiple user accounts in connection with any violation of the Agreement or create user accounts by automated means or under false or fraudulent pretenses
· Sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any Staffing Online® account
· Modify, adapt, translate, or reverse engineer any portion of the website
· Remove any copyright, trademark or other proprietary rights notices contained in or on the website
· Reformat or frame any portion of the web pages that are part of the website without Staffing Online’s® explicit permission
· Contact other Staffing Online® users about multi-level marketing (MLM) programs, jobs that require payment to start, and any topics Staffing Online® considers detrimental to its users
· Create multiple Staffing Online® accounts without permission
· Bypass any limitations or suspensions of functionality
· Provide false information in the course of using the website
Staffing Online® reserves the right to use the content of messages or material sent through or to the website of Staffing Online® to prevent potentially illegal activities and activities that are detrimental to other users. Staffing Online® reserves the right to use a variety of methods to detect and address anomalous activity and screen content to prevent abuse such as spam. On occasion, these efforts may result in a temporary or permanent suspension or termination of some functions for some users.
D. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content (the “Staffing Online® Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Staffing Online® and its licensors. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Service. Use of the Staffing Online® Content or materials on the Service for any purpose not expressly permitted by this Agreement is strictly prohibited.
You agree that any feedback, comments, or suggestions you may provide regarding Staffing Online® or the Service are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
3. Paid Services
A. Billing Policies
Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms for the applicable Service, as we may update them from time to time. Staffing Online® may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to the fee schedule shall become effective in the billing cycle following notice of such change to you as provided in this Agreement.
B. No Refunds
You may cancel your User account at any time; however, there are no refunds for cancellation. In the event that Staffing Online® suspends or terminates your account or this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
C. Payment Information; Taxes
All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable state and local taxes relating to such purchases, transactions or other monetary transaction interactions.
Delinquent payments may bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including collection fees, court costs and reasonable attorneys’ fees) incurred by Staffing Online® in collecting delinquent amounts, except where the delinquent amounts are due to billing inaccuracies.
4. PROVISIONS SPECIFIC TO USERS THAT ARE EMPLOYERS
The provisions of this Section 4 of the Agreement are specific to Users that use the Service as Employers. If you are using the Service as an Employer, then in the event of a conflict between the provisions of this Section 4 and the rest of the Agreement, the provisions of this Section 4 will supersede.
If you are an Employer, you agree that you will not use the Service to post or promote any position that contains inaccurate, false, or misleading information; including but not limited to any screening requirement or criterion in connection with a job posting where such requirement or criterion is not an actual and legal requirement of the posted job; involves any franchise, pyramid scheme, “club membership”, distributorship, or multi-level marketing opportunity; requires applicants to pay to apply, pay for training, pay for training materials, or pay for samples. You agree not to use the Service to post or promote any position that is compensated on a commission basis only unless clearly stated in your posting. When using the Service, you are responsible for ensuring that your use of the Service is in compliance with applicable law. As an Employer, you must also comply with the Staffing Online® Job Quality & Inclusion Guidelines (currently available at https://www.staffingonline.com/jobposting-guidelines), including ensuring that all positions you post to the Service comply with such guidelines.
A. Employer Accounts
If you create an Employer Account to post a job opening, we will make reasonable efforts to distribute your job posting to the third-party services indicated on the Service, as we may update them from time to time (“Distributors”). However, you acknowledge and accept that we have no control over any Distributor and therefore, we provide no guarantee that your job post will be accepted by a Distributor. You accept that a Distributor may reject your job post for any reason, whether you are on any paid job posting plan or on a trial subscription, and even if you have paid for a “Premium Post”. You agree that Staffing Online® is not liable to you or any third party if your job post is rejected or not posted. By posting your job, you give us permission to distribute your post to current and future Distributors. You acknowledge and agree that Staffing Online® cannot be responsible and disclaims all liability for Distributors, including without limitation their availability, operations, features, and functionality. You are solely responsible for interviewing, performing background and reference checks, verifying information provided by, and selecting an appropriate Candidate.
B. Authorized Users
As an Employer, you are responsible for all activity, acts or omissions by any of your personnel that creates an Account to use the Services (“Authorized Users”). Accounts may not be shared between different Employer personnel. The Employer shall ensure that Authorized Users comply with this Agreement, and shall promptly notify Staffing Online® of any suspected or alleged violation of this Agreement including any unauthorized use of any password or account or any other known or suspected breach of security. The Employer shall cooperate with Staffing Online® with respect to (a) investigation by Staffing Online® of any suspected or alleged violation of this Agreement and (b) any action by Staffing Online® to enforce this Agreement. Staffing Online® may suspend or terminate an Authorized User’s access to the Services in the event that Staffing Online® reasonably determines that such Authorized User has violated this Agreement or appears likely to do so. The Employer shall be liable to Staffing Online® for any violation of this Agreement by an Authorized User.
C. Removal of Job Listings
You acknowledge and agree that Staffing Online® may, with no liability or penalty, remove any Job Listing, content, communication or information posted, which in the sole judgment of Staffing Online®, violates or may violate this Agreement, the Staffing Online® Job Quality & Inclusion Guidelines (currently available at https://www.staffingonline.com/jobposting-guidelines), applicable laws, rules or regulations; may adversely affect Staffing Online®; is false, inaccurate, misleading, deceptive, fraudulent, libelous, defamatory, immoral, offensive, obscene, pornographic, disruptive, threatening, abusive or illegal; or which may violate or lead to the violation of the rights of, or harms or threatens the safety and privacy of any third party.
1. Resume Database Access
If you are accessing the Resume Database (as defined in Section 5, Subsection C below) as an Employer, then subject to the terms and conditions of this Agreement, Staffing Online® hereby grants you as an Employer a limited, revocable, non-transferable, non-exclusive right to access the Resume Database from the Service for the limited purpose of viewing and/or downloading a single copy of available paper resumes solely for use by the Employer. If you use or access the Resume Database, Video Resume or Video Greetings as an Employer, you agree to comply with the following rules regarding access to the Database:
· The Database shall only be used by Employer for the purpose of seeking employees for Employer.
· The Database shall not be used to send unsolicited mail or e-mails, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of Employer’s or a third party’s products or services.
· Employer shall implement appropriate physical, technical, and administrative measures to protect the data within the Database from loss, misuse, unauthorized access, disclosure, alteration or destruction.
· The Database shall only be used and accessed by Employer in accordance with privacy, data protection and other applicable laws and regulations.
· Employer shall respect the privacy choices of Job Seekers who have uploaded their information to the Resume Database.
· The Database shall not be used in any way that, in the sole discretion of Staffing Online®, adversely affects Staffing Online® business, the performance of the Service, or interferes with the ability, of others to access the Database.
5. PROVISIONS SPECIFIC TO USERS THAT ARE CANDIDATES
The provisions of this Section 5 of the Agreement are specific to Users that use the Service as Candidates (including as Job Seekers). If you are using the Service as a Candidate, then in the event of a conflict between the provisions of this Section 5 and the rest of the Agreement, the provisions of this Section 5 will supersede.
A. Candidate Accounts
If you create a Candidate Account (whether to search or apply for a job posting as a “Job Seeker” or to complete the new hire process through Staffing Online® as a potential new employee or contractor), you must be permitted to legally work within your applicable jurisdiction. If you are registering to be a Candidate, you may use your account only for yourself or individuals for whom you have legal authority to represent.
In addition to applying for a job posting as a “Job Seeker”, you can also browse the Service, receive job alerts from the Service regarding jobs that may be of interest to you (“Job Alerts”), and save a record of job listings you have found on the Service.
B. Job Applications
As a registered Job Seeker, you will be able to submit job applications through the Service (“Job Applications”) for jobs that are listed on the Service (“Job Listings”). You will have the ability to choose how to submit your Job Application through the Service using the options offered through the Service. For example, you may submit your Job Application through the Service by (a) using the Service’s “Click Apply” feature, (b) using the Service’s “Apply Now” feature, or (c) applying through your Twitter, Facebook or LinkedIn.com accounts. If you elect to use the Service’s “Click Apply” feature, when you click on “1-Click Apply” the information that you have included as part of your My Profile, including your resume and contact information, will be sent to the Employer that posted the applicable Job Listing. If you elect to use the Service’s “Apply Now” feature, you will be required to provide your name, email address and phone number, and attach your resume (and, when you click the “Apply Now” button, this information will then be sent to the Employer that posted the applicable Job Listing), or the “Apply Now” button will redirect you to an external website where you will be able to apply to the Job Listing. If you elect to apply through your Twitter, Facebook or LinkedIn.com account, you will be asked to log in to your Twitter, Facebook or LinkedIn.com account, and the profile, resume and other information that you have provided as part of your Monster.com or LinkedIn.com account will then be sent to the Employer that posted the applicable job. Job Application submission is also available through your mobile device.
Please note that once you have submitted a Job Application through any feature of the Service, your resume, and other relevant information will be shared with the Employer that posted the Job Listing. If you elect to submit a Job Application to an Employer through the Service’s “Click Apply” feature the information you include in your My Profile will constitute the information that is included in your Job Application and is provided to the applicable Employer. Therefore, you should ensure that the information in your My Profile is complete, accurate, and only contains information you are comfortable sharing with Employers, prior to submitting a Job Application through the Service’s “Click Apply” feature.
If you submit a resume, you acknowledge that we may “parse” the resume in order to create searchable text for an Employer. The employer will also be able to see your resume in the form in which you submitted it to Staffing Online®.
C. Resume Database, Video Resume and Video Greetings
In addition to submitting Job Applications through the Service, you will have the opportunity to, but will not be required to, elect to include your resume as part of the Service’s resume database (the “Resume Database”) at the time you register to use the Service. If you do not elect to include your resume in the Resume Database at the time you register to use the Service, as a registered Job Seeker you may subsequently elect to include your resume in the Resume Database by adjusting the settings in your Job Seeker account. We will not include your resume in the Resume Database unless you affirmatively elect to include your resume in the Resume Database. If you elect to include your resume in the Resume Database, Employers who have registered to access the Resume Database will be able to access and view your resume and the contact information you provide on your resume, including your name, email address, mailing address and phone number, as applicable. Employers will be able to contact you directly using the information on your resume. Please provide minimal personally identifiable information about yourself.
You can opt-out of including your resume in the Resume Database at any time by adjusting the settings in your Job Seeker account and we will remove your resume from the Resume Database as soon as reasonably possible. However, if an Employer has accessed your resume through the Resume Database and copied or saved your resume prior to the date we receive your opt-out request, that Employer will continue to have access to your resume and all information you included in your resume as it was included in the Resume Database.
D. Interactions with Employers
You are solely responsible for your interactions with Employers that you contact, or that contact you, through the Service. Please note that there are risks, including but not limited to the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. Therefore, you should use caution with regard to the information you elect to share as part of your User Profile or a Job Application or resume that you provide through the Service. Only list the contact information on your resume or Job Applications that you are comfortable disclosing to Employers and other Users of the Service.
Although Staffing Online® requests that Employers maintain the confidentiality of the Job Applications and resumes they receive through the Service, Staffing Online® cannot and does not guarantee that the information you provide to Employers through the Service as part of a Job Application or resume will be held in confidence or properly secured by each applicable Employer. In addition, Staffing Online® takes no responsibility and assumes no liability for any Job Listing that any Employer posts or sends through the Service. You agree that Staffing Online® is not responsible or liable for the conduct of any Employer.
Staffing Online® cares about the integrity and security of your personal information. We cannot, however, guarantee that unauthorized third parties will never be able to surpass our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
8. DMCA Notice
It is a Staffing Online® policy to respond to alleged infringement notices in compliance with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Staffing Online’s® copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim has been infringed;
3. Identification of the material that is claimed to be infringing and provide a link (where available) to where it is located on the Service;
4. Information reasonably sufficient to permit Staffing Online® to contact you, such as your address, telephone number, and email address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent:
Attn: Legal Affairs
Address: Staffing Online®, Inc., 4401 N. Federal Hwy, Suite 205, Boca Raton, FL, 33431, USA
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
In accordance with the DMCA and other applicable law, Staffing Online® has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Staffing Online® may also at its sole discretion limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
9. Third-Party Links and Services
You agree to defend, indemnify and hold harmless Staffing Online® and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to attorney’s fees arising from: (a) your use of and access to the Service, including any and all data or content transmitted or received by you; (b) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (c) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (d) your violation of any applicable law, rule or regulation; (e) any claim and/or damages that arise as a result of any of your User Content and/or any that is submitted via your account; or (f) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
11. No Warranty
STAFFING ONLINE® DOES NOT GUARANTEE ANY RESULTS FROM USING THE SERVICE. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ANY ADVICE OR INFORMATION ABOUT A PARTICULAR NEW HIRE AGREEMENT OR DOCUMENT THAT MAY BE POSTED ON THE SERVICE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE OR SUBSTITUTE FOR ANY PROFESSIONAL FINANCIAL, MEDICAL, LEGAL, OR OTHER ADVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM STAFFING ONLINE® OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, STAFFING ONLINE®, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.
STAFFING ONLINE® DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY THROUGH THE STAFFING ONLINE® SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND STAFFING ONLINE® WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND A USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
12. Disclaimer of Warranties
Staffing Online® disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the Staffing Online® results or posted on the website by Staffing Online® or third parties. Staffing Online® disclaims any responsibility for the deletion, failure to store, missed delivery, or untimely delivery of any information or material. Staffing Online® disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the website and/or on other sites on the internet accessed through the website. Under no circumstances shall Staffing Online® be liable to you or any user on account of that user’s use or misuse of or reliance on the Staffing Online® website.
THE WEBSITE, AND ALL MATERIALS, INFORMATION, USER CONTENT, PRODUCTS AND SERVICES INCLUDED IN THE WEBSITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. STAFFING ONLINE® AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. STAFFING ONLINE® AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE STAFFING ONLINE® SERVICES. STAFFING ONLINE® AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE WEBSITE. STAFFING ONLINE® AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY STAFFING ONLINE®.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE WEBSITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
13. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL STAFFING ONLINE® OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE WEBSITE, ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF STAFFING ONLINE® OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE WEBSITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE WEBSITE, FROM INABILITY TO USE THE WEBSITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF WEBSITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE WEBSITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEBSITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall Staffing Online® or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
14. Claims of Infringement
U.S. Copyright Infringement.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Staffing Online® infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Staffing Online® to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Staffing Online® a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Website should be sent to Staffing Online® Copyright Notice, 4401 N. Federal Hwy, Suite 205, Boca Raton, FL, USA (copyright @ staffingonline.com) (remove spaces when sending email). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
Other Claims of Infringement.
For claims of infringement that do not involve US copyrights, please contact us via our website contact form.
15. AGREEMENT TO ARBITRATE
A. Binding Arbitration
This Section 15 is referred to in this Agreement as the “Agreement to Arbitrate.” Once electing to use our services for any reason, you hereby irrevocably agree that any and all disputes or claims that have arisen or may arise between you and Staffing Online® or its affiliates, whether relating to the Service, this Agreement (including any alleged breach thereof), or otherwise (each a “Dispute”), shall be resolved exclusively by final and binding arbitration, rather than a court in accordance with the terms of this Agreement to Arbitrate. Your rights will be determined by a neutral arbitrator, not a judge or jury. YOU UNDERSTAND THAT ABSENT THIS AGREEMENT TO ARBITRATE, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.
The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), including the AAA’s Supplementary Procedures for Consumer-Related Disputes, each available at www.adr.org, or such other alternative dispute resolution body and arbitration rules that may be mutually agreed upon by you and Staffing Online®. Your arbitration fees and your share of arbitrator compensation shall be governed by such rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable laws, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Agreement, you and Staffing Online® may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
You and Staffing Online® agree that any arbitration shall be limited to the Dispute between Staffing Online® and you individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
C. Exceptions to Informal Negotiations and Arbitration
You and Staffing Online® agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or Staffing Online® intellectual property rights; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for injunctive relief.
A. Governing Law and Location
The Service is controlled and operated by Staffing Online® from its offices within the State of Florida, United States of America. Staffing Online® makes no representation that materials on the Service are appropriate or available for use in other locations. Those who choose to access the Service from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. You agree that the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Staffing Online®, either specific or general, in jurisdictions other than Florida. This Agreement and any Disputes shall be governed by the internal substantive laws of the State of Florida, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. An arbitrator shall not be bound by rulings in prior arbitrations involving different Users but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. All arbitration and other litigation in a court of competent jurisdiction of any dispute between you and Staffing Online® related to this Agreement shall be located in Boca Raton, Florida.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Staffing Online® without restriction.
A. Relationship of the Parties
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.
B. Notification Procedures
Staffing Online® may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by Staffing Online® in our sole discretion. Staffing Online® reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Staffing Online® is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add email@example.com and firstname.lastname@example.org to your email address book to help ensure you receive email notifications from us.
C. Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with Staffing Online® in connection with the Service, shall constitute the entire agreement between you and Staffing Online® concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
All agreements, amendments or consents must be in writing and signed by the president or vice president of operations, no exceptions whatsoever. All verbal agreements, amendments, and consents are, therefore, NULL AND VOID.
D. No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Staffing Online’s® failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
If you have any questions about this Agreement, the practices of this site, or your dealings with this website, please contact us at email@example.com, or send mail to:
Staffing Online, Inc.®
Attn: Business Affairs
4401 N. Federal Hwy, Suite 205
Boca Raton, FL, 33431, USA
© 2017 all rights reserved. Staffing Online® is a registered trademark of Staffing Online®, Inc.