1. Information We Collect
Information You Affirmatively Provide. When you register for Staff Management’s services, or apply for employment through the Staff Management website online, by email, by text message, by phone, or in person, you may be required to provide information including, but not limited to, your full name, postal address, email address, telephone number, username, and password (collectively, along with other information that directly identifies you, “personal information”). In addition, we may ask you to provide your job related preferences, skills, hours of availability, certifications, transportation mode and interests and other information to set up your profile from which you can be identified. The information described above is information that you specifically provide. Other information that you specifically provide includes, but is not limited to, the content of emails, text messages, letters, phone calls, and comments you send, place, or post to Staff Management or our employees, agents, affiliates, or representatives. At no time are you under any obligation to provide personal information to Staff Management. Personal information is required however, in the event you would like to benefit from the services offered by Staff Management. We expect you to provide accurate information to the best of your ability. However, we do not seek to collect through our website any sensitive personal information such as information revealing racial or ethnic origin, sexual orientation, political opinions, religious or philosophical beliefs, trade-union membership or that concerns a person’s health. Please do not submit any such information. Information Supplied By Others. We may get personal information and User Data about you from third parties. For example, other users of the App may provide us with personal information and User Data about you. This helps us to update, expand and analyze our records. In addition, we may use this information and User Data to determine which employment opportunities may be a good match for you based on your skills, experience, or feedback from our customers or other third parties. If you provide us personal information about others, or if others give us your information, we will only use that information for the specific reason for which it was provided to us.
Automatically Collected Information. In addition to your personal information described above, we may collect information automatically regarding your use of our website. This information includes but is not limited to, your IP address, browser, operating system, internet service provider, location, the type of cellular phone you use, unique device identifiers, and cellular service provider (collectively, “analytics information”). We may also collect and use information and statistics that describe the demographics, usage and/or characteristics of our users as part of the analytics information. In general, we do not use this analytics information to directly identify users of our Services.
2. How we use the information we collect
You understand, acknowledge, and agree that for various purposes we may use and share your personal information, without further notice or consent. In general, Staff Management uses information it collects to pursue our mission and operations, including the management of our website and related activities. You should assume that Staff Management will use any information you provide for all lawful purposes. We reserve the right to use, disclose, process, transmit, retain, license, share, sell and otherwise deal with (collectively, “Disclose”) all personal information and analytics information for any lawful purpose or to prevent harm to us or others. For example, and without limitation, in our discretion we may Disclose personal information and analytics information:
• to service providers and other third parties for any lawful purpose, including without limitation, to manage requests and questions from you, personalize or enhance transactions, verify, process, store, enforce, investigate and/or collect actual or potential transactions, or assist or respond to our consultants including, but not limited to, auditors and lenders;
• as authorized by you or consented to by your legal representative;
• to government regulators, law enforcement authorities or alleged victims of identity theft, including voluntary disclosures;
• to law enforcement of any illegal activity or material we suspect or discover on, through, or otherwise relating to our services and provide law enforcement officials with all requested information about the user account from which the alleged or actual illegal activity or material originated;
• to companies that you work for, or that you are considered to work for;
• to provide you with the Services and to respond to your requests;
• in the event of a merger, acquisition, reorganization, restructuring, assignment, sale of assets, or bankruptcy or insolvency;
• to exercise our rights or to assist third parties in defending their rights under applicable laws, including, without limitation, to assert, defend, and enforce our property rights and to respond to legal process;
• to communicate or market to you about the Services or to other products or services Staff Management or its affiliates or subsidiaries offer or believe that you might be interested in;
• to third parties for Staff Management or third party advertising purposes or
• for other reasons that are not prohibited by law.
This Policy is intended to help you understand our general practices. This Policy is not a promise that personal information or analytics information will never be disclosed except as described above. For example, third parties may unlawfully intercept or access information transmitted to or contained in the Services. In addition, technologies may malfunction or not work as anticipated, or someone might access, abuse or misuse information, despite a lack of permission. Staff Management makes no guarantee that your information or communications will always be private or protected.
3. THIRD PARTIES AND SERVICE PROVIDERS
While all of the Third Party Services Staff Management uses are not described in this Policy, examples of Third Party Services it uses or may use include:
Google, for the Google Analytics service, including to help Staff Management to collect and use analytics information in connection with the Services. To learn more about the Google Analytics privacy practices, visit http://www.google.com/intl/en/policies/privacy/ and http://www.google.com/policies/privacy/partners/.
Facebook, including to help authenticate you, log you into your account, or to share personal or profile information with the Services. To learn more about Facebook privacy practices, visit https://www.facebook.com/policy.php and https://www.facebook.com/full_data_use_policy.
4. Location Based Information Services
You may opt-in to Services that gather location-based information (“LBI”). If you opt-in to Services with LBI sharing, we may obtain your personally identifiable LBI (which shall constitute personal information under this policy) from your mobile device to provide the Services to you, for the purposes allowed for personal information in this Policy, and for other purposes, including, without limitation, determining: your proximity to a previously scheduled job site; or your proximity to a future potential job site. We may aggregate and use your LBI for any legal purpose, which may include, without limitation, reporting usage, adoption of LBI, and improvement of the Services. LBI services are available on many major wireless carriers in the United States but may not be available on all carriers. The LBI services will not be available if your device or its location services are turned off.
5. Applying Online
When you apply for employment through our Services, we may ask you to create a user profile. Your user profile will be used by Staff Management to consider your qualifications for employment with Staff Management or its customers. In addition, we will use your email address for the primary purpose of sending a confirmation that you have successfully completed your registration and to communicate with you about the employment application process. You may also consent to receive an email notification of future opportunities with Staff Management by checking a preference box that appears when you create your user profile. If you change your mind and would like to stop receiving the emails, you may provide notice according to the instructions set forth below. For the purposes of using the services provided by our website, you will select a username and password. You are responsible for the security of your password and login information, and we recommend that you not divulge your password to anyone. By providing any information to Staff Management, you agree to take responsibility to ensure the confidentiality of your username and password. It is each user’s responsibility to keep his or her information accurate, up-to-date and current at all times. If your information is not accurate, up-to-date and current, we may not be able to process your requests for information or contacts or provide Service to you effectively. To update or correct your personal information or other profile information, you may log into your account on the website and follow the instructions.
6. your choices
In its sole discretion or when required by law, Staff Management may give you choices about how personal information or analytics information is Disclosed. These choices include the following options with respect to certain communications:
• Upon request, we will provide you with information about whether we hold any of your personal information. You may access, correct, or request deletion of your personal information by sending an email to your local Staff Management branch or representative or texting “Help” to 27697. We will respond to your request within a reasonable timeframe.
• We acknowledge that you have the right to access your personal information. In some circumstances, we have no direct relationship with the individuals whose personal data we process. An individual who seeks access, or who seeks to correct, amend, or delete inaccurate data should direct their query to our client (the data controller). If requested to remove data we will respond within a reasonable timeframe.
• We may provide you with information about special or new features of our website, services, products or offers from us which we think may be of interest to you; if you would rather not receive this information, please send an email to your local Staff Management branch or representative or text “Help” to 27697;
• We may provide you with information regarding third party products, services or offers which we think may be of interest to you; if you would rather not receive this information, please send an email to your local Staff Management branch or representative or text “Help” to 27697; and
• We may provide your information to third parties whose products or services we believe may be of interest to you, so that they may contact you directly with information and offers about their products or services. If you do not wish us to disclose your information in this way, please send an email to your local Staff Management branch or representative or text “Help” to 27697.
You may opt out of certain other communications that we provide by following the instructing for opting out in those communications.
Your selection of a “Do Not Track” option provided by your browser may not have any effect on the Tracking Technologies or the automatic collection of analytics information. This may be for a number of reasons. For example, not all tracking technologies can be controlled by browsers; unique aspects of your browser might be recognizable even if you disable a Tracking Technology; not all settings will necessarily last or be effective; even if a setting is effective for one purpose data still may be collected for another; and even if one website observes a “Do Not Track” signal, that website usually will not be able to control other websites.
8. information Protection considerations
The security of your personal information is important to us. We follow generally accepted standards to protect the personal information submitted to us, both during transmission and once it is received. The internet and mobile phones are not secure media and no system can be considered 100% secure. We do not guarantee personal information or analytics information is protected and we accept no liability for loss or exposure of user information in the event of a breach. In the event a security breach should occur, we will endeavor to remedy the problem. By registering for our services or by using the website, you hereby affirmatively consent to receiving our notification regarding any breach or compromise, or suspected breach or compromise, of the security of your personal information, by email, telephone whether through voice or text messages, posting on our website, or postal mail, as we deem appropriate, and as required by law. It is your responsibility to keep your username, password and other account access information in a safe place and not to divulge it to anyone. Also, remember to log out of your account and close your browser window when you have finished your visit. This is to ensure that others cannot access your account, especially if you are sharing a computer with someone else or are using a computer in a public place.
9. Retention and Deletion
Staff Management reserves the right: to keep personal information and analytics information:
• for as long as it provides Services to you;
• to comply with our legal obligations;
• to resolve disputes and enforce our agreements; and
• to dispose of it at Staff Management’s discretion without notice, subject to applicable law.
10. Notice to California Residents – Your California Privacy Rights
California Civil Code Section 1798.83 permits users of our website who are California residents to request certain information regarding the disclosure, during the past year, of personal information for marketing purposes. To make such a request, write us at TrueBlue, Inc., 1015 A Street, Tacoma, Washington 98402.
Our Services are only intended for use by persons who are 18 years of age or older. We do not knowingly collect personal information from persons under the age of 18. If we become aware or suspect that you are under the age of 18, any information you submit will be subject to our reasonable efforts to destroy such information, except as necessary for verifying your age or as required by law. No information should be submitted to Staff Management by underage persons.
12. Changes in Policy
13. Contact US
Please feel free to contact us with any comments or questions regarding this Policy. You may contact us at:
860 W. Evergreen Ave.
Chicago, IL 60642
Attn: Legal Department
Last Updated: OCTOBER 05, 2018
These Terms & Conditions (“Agreement”) govern your use of and access to websites (including www.staffmanagement.com and any other website where this Agreement is posted), applications (including mobile applications), and content (the “Services”) made available by Staff Management Solutions, LLC, SMX, LLX or one of their subsidiaries, affiliates, or parent (“Staff Management”, “we”, “our”, or “us”). Staff Management may, in its discretion, modify, supplement or amend this Agreement as it relates to your use of the Services from time to time, for any reason, and without any prior notice or liability to you or any other person.
1. Acceptance of This Agreement
Your use of OR access to the Services constitutes your acceptance of this Agreement. If you do not want to agree to this Agreement in its entirety, do not access or use the Services.
2. Amendments to This Agreement
Staff Management reserves the right, in its sole and absolute discretion, to change, modify, update, add or remove portions of this Agreement at any time. The new or modified terms will take effect immediately upon posting. When material changes are made to the Agreement, the changes will be effective after you provide your consent, or after you continue to use the Services. You should review this Agreement every time you visit Staff Management’s website or use the Services. If you do not agree to the amended terms, you must stop using the Services.
3. Scope of This Agreement
This Agreement is in addition to and supplements any written agreements, if any, that you or any persons you represent have with Staff Management or Providers, now or in the future.
4. Calling and Texting Services
By providing your contact information and using the Services, you hereby affirmatively consent to our use of your contact information for calls and texts in order to perform and improve upon the Services. By providing us with your mobile phone number through the Services, you give your express prior consent, or prior express written consent, for the Services to include our calling and text messaging (SMS) services (“Calling and Texting Services”), including as noted in this section. The Calling and Texting Services may include calling or sending text messages from Staff Management and its Providers regarding, among other things, potential job assignments, career advancement, safety information, job matching services, and recommendations to local educational, training, and volunteer opportunities.
You acknowledge and agree that your consent for the Calling and Texting Services means that calls and texts may be sent by Staff Management or its service providers using an automatic telephone dialing system or an artificial or pre-recorded voice.
You may terminate the Texting Services at any time, for any reason, by texting “STOP” to one of our short codes (27697 or 47677 or 69719), in which case you may receive an auto-reply text message from us confirming such termination. You may also terminate the Texting Services by notifying your local branch or contacting Staff Management at (800) 518-0104.
Please note that message rates, voice, and data charges from your cellular service provider may apply in connection with the Calling and Texting Services. You are solely responsible for such message, voice, and data charges. If you are an employee of Staff Management, or one of its subsidiaries or affiliates and you incur message, voice, or data charges directly related to your employment and the Services, Staff Management will reimburse you for those charges. If you would like to be reimbursed for those charges, please contact your local branch.
If, at any time, you cancel or change your mobile telephone number, you agree to promptly notify Staff Management of that change so that Staff Management may update its records to avoid sending text messages to an individual that may later be assigned your telephone number. You agree to indemnify, defend, and hold Staff Management, its Providers, and their respective affiliates, subsidiaries, agents and parents harmless from any and all liability, including any legal fees and expenses that Staff Management may incur, as a result of your failure to notify Staff Management of your cancellation or change in mobile telephone number.
The Services may contain profiles, email systems, blogs, message boards, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”). You may only use such Public Areas to send and receive messages and material that are relevant and proper to the applicable forum.
You understand that all submissions made to Public Areas will be public and that you will be publicly identified by your name or login identification when communicating in Public Areas, and Staff Management will not be responsible for the action of any users with respect to any information or materials posted in Public Areas.
You may not use the Services to do any of the following:
- Harass or encourage harassment of another person;
- Perform any activities that violate, intentionally or unintentionally, any applicable state, local, federal, or international laws or regulations;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or violate other rights (including privacy or publicity) of any other person;
- Perform any activities that are misleading, malicious, discriminatory, infringing, or could expose Staff Management or users of the Services to harm or liability;
- Transmit any material or act that is hateful, threatening, abusive, tortious, defamatory, inflammatory, false, fraudulent, misleading, libelous, vulgar, obscene, pornographic (or that contains nudity), graphically or gratuitously violent, that violates anyone’s rights including intellectual property rights or proprietary rights, or is otherwise objectionable in Staff Management’s sole judgment;
- Provide resources to or otherwise support any organization(s) designated by the United States government as a foreign terrorist organization under section 219 of the Immigration and Nationality Act;
- Impersonate any person or misrepresent in any way your affiliation with a person;
- Transmit unsolicited mass mailings, “spam” or advertising or promotional materials;
- Conduct contests, sweepstakes, or lotteries;
- Collect or store any information about other users, other than in the normal course of using the Services for its intended purpose;
- Transmit any virus, worm, defect, Trojan horse, or any other automated means, information, or computer code that interrupts, destroys, or limits the functionality of any computer or telecommunications equipment or similar destructive or harmful item;
- Use in any manner that could damage, disable, overburden, disrupt or impair the Services, or the network(s) connected to Staff Management’s website, or interfere with any other party’s use of the Services;
- Disobey any applicable policies or regulations of networks connected to the Services;
- Modify, adapt, translate, reverse engineer, decompile or disassemble the Services;
- Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Services;
- Use an iFrame or offer web search functionality on Staff Management’s website;
- Frame, reformat or otherwise make the Services available to third-parties;
- Create user accounts using any automated means or under false pretenses;
- Prepare derivative works based on the Services; or
- Remove any proprietary notices, labels or other identifying marks on content provided through the Services.
6. Mobile Application
In addition to the other requirements in this Agreement, there are some additional requirements that are specific to the mobile application portion of the Services (“App”). The App has interactive features that allow users to post and share content including, but not limited to, job listings (including desired worker skills, hours and pay, work site locations and business details), ratings of workers and businesses, and worker preferences (including personal information, location, desired travel parameters, skills and certifications), (all, collectively, “User Content”). All User Content must comply with Section 5 (Restrictions) of this Agreement. No User Content will be considered proprietary or confidential.
Staff Management is not responsible, or liable to you or any third party, for the contents or accuracy of any User Content.
Staff Management has the right, in its sole discretion, to:
- Remove or block any User Content for any or no reason;
- Take any action with respect to any User Content that it deems necessary or appropriate in its sole discretion, including if Staff Management believes that such User Content violates this Agreement, violates intellectual property or other rights of it or third parties, poses a safety threat, or creates potential liability for Staff Management;
- Disclose the identity or other information about any individual who provides or distributes User Content to courts, regulators, law enforcement authorities, or to any third party that alleges a violation of law or of their privacy or intellectual property rights;
- Terminate or suspend use of the App for any or no reason, including without limitation, suspected violation of this Agreement.
While Staff Management has the rights above, it undertakes no obligation to review or monitor User Content, and it disclaims all liability for any action or inaction with respect to User Content. In addition to the terms stated herein, the terms of service of the App will apply.
7. Account Security
You are solely responsible for maintaining the confidentiality of your phone number, username, password and other access information or codes for the Services. In addition, you are fully responsible for all activities that occur under your username, password and other access information or codes, even where your username, password or other access information or codes are used by someone else.
You shall: (a) notify us without delay of any unauthorized disclosure or use of your username, password or other access information or codes or any other breach of security of which you become aware, and (b) if you are using the Services, ensure that you are sufficiently disconnected and logged off from your account at the end of each session. Particular caution should be exercised when accessing your account from a public or shared computer.
9. International Use
Any information, including personal information, that Staff Management collects in providing the Services may be controlled, stored and processed in, and transferred among, any of our facilities and may be transferred to and through any country, including the Republic of Mexico and countries outside the European Economic Area which may not have privacy or data protection legislation and regulations comparable to the laws of the country in which you reside. Any information, including personal information, that Staff Management collects in providing the Services may be controlled, stored, processed by, and transferred among third-party vendors or contractors we engage to assist us in providing the Services. The location of our facilities and of such contractors may change from time to time, and we may acquire new facilities and contractors. You expressly consent to all such control, storage, processing and transfers.
11. Communications and Orders
The Services are a portal and information conduit to other websites and services offered by Staff Management or Providers. By activating certain links, including order-related links, you may be automatically connected with websites operated by Providers. If you use the Services to initiate communication regarding your staffing needs, the information you submit may be disclosed to, processed by or responded to by Providers.
All communications you submit to Staff Management through the Services or by email must be true, accurate and complete. Staff Management and Providers will rely upon the truth, accuracy and completeness of the communications you submit through the Services. If you submit any incorrect or incomplete communications, or if any communications are damaged or distorted during transmission to Staff Management, you and all persons you represent will be liable for any loss, damage or additional costs that you, Staff Management, Providers, or other persons may incur as a result.
You authorize Staff Management and Providers to: (a) accept communications they receive from you by means of the Services or other form of communication as if those communications had been given directly by you in writing and signed by you; (b) disclose your communications to any Providers and Staff Management employees by means of the Services, email or other communications; and (c) respond to your communications by means of email or other communications. Communications you send to Staff Management by means of the Services or other form of communication are not effective unless and until they are processed by the responsible Staff Management representative.
Staff Management may refuse to process any communications sent to Staff Management at any time in Staff Management’s discretion, and without any notice or liability to you or any other person, including, without limitation, if: (a) Staff Management cannot process the communications; (b) the communications violate any provision in this Agreement or any other agreement that you or any other person may have with Staff Management; (c) Staff Management considers that the communications conflict with any other instructions or agreements with you or any person you represent; or (d) there is an operational failure or malfunction in connection with the transmission of the communications.
12. No Advice
The Services are not intended to provide legal guidance or other expert advice on labor or employment matters, including, without limitation, those related to hiring practices, non-discrimination, wage and hours, taxes, or benefits. You should seek appropriate and qualified professional advice on such matters.
13. Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR CONDITIONS OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PRIVACY, SECURITY, PERFORMANCE, DURABILITY, AVAILABILITY, TIMELINESS, ACCURACY OR COMPLETENESS, ALL OF WHICH ARE HEREBY DISCLAIMED BY STAFF MANAGEMENT AND THE PROVIDERS TO THE FULLEST EXTENT PERMITTED BY LAW. THERE WILL NOT BE ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS CREATED BY A COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING, CONFIGURING AND MAINTAINING ALL COMPUTER HARDWARE, SOFTWARE, TELEPHONE SERVICES, AND OTHER EQUIPMENT AND SERVICES NECESSARY FOR YOU TO USE THE SERVICES.
THE INTERNET IS NOT A SECURE MEDIUM, MAY BE SUBJECT TO INTERRUPTION, DISRUPTION, OR INADVERTENT OR DELIBERATE BREACHES OF SECURITY OR PRIVACY. You are responsible for using appropriate software to meet your particular requirements for anti-virus protection and accuracy of data and output, as well as for backing up your data independent from the Services. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A BREACH OF SECURITY OR PRIVACY, OR FOR ANY VIRUS, MALICIOUS CODE, HACK OR CYBER ATTACK THAT AFFECTS THE SERVICES OR YOUR COMPUTER, DEVICE, PROGRAMS, OR DATA, DUE TO YOUR USE OF THE SERVICES.
14. Limitation of Liability and Exclusive Remedy
15. No Incidental, Consequential, or Certain Other Damages
STAFF MANAGEMENT AND THE PROVIDERS WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OF USE, LOSS OF PRODUCTION, LOSS OF INCOME OR PROFITS OR OPPORTUNITY (ANTICIPATED OR OTHERWISE), LOSS OF MARKETS, ECONOMIC LOSS, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE OR EXEMPLARY OR PUNITIVE DAMAGES, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, ARISING FROM, CONNECTED WITH, OR RELATING TO THE USE OF THE SERVICES BY YOU OR ANY OTHER PERSON, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY STAFF MANAGEMENT OR ANY AFFILIATE OR PROVIDER OR ANY PERSON FOR WHOM STAFF MANAGEMENT OR AN AFFILIATE OR PROVIDER MAY BE RESPONSIBLE, AND NOTWITHSTANDING THAT STAFF MANAGEMENT OR ANY PROVIDER MAY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES BEING INCURRED BY YOU OR ANY OTHER PERSON.
STAFF MANAGEMENT AND THE PROVIDERS WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS OR DAMAGES SUFFERED BY YOU OR ANY OTHER PERSON AS A RESULT OF ANY FAILURE OR REFUSAL BY STAFF MANAGEMENT TO GIVE EFFECT TO, OR FOR ANY FAILURE OR DELAY BY STAFF MANAGEMENT IN RECEIVING, ACCESSING, PROCESSING OR ACCEPTING, ANY COMMUNICATION SENT TO STAFF MANAGEMENT BY MEANS OF THE SERVICES OR OTHER FORM OF COMMUNICATION, OR FOR ANY LOSS OR DAMAGES SUFFERED AS A RESULT OF THE OPERATIONAL FAILURE, MALFUNCTION, INTERRUPTION, CHANGE, AMENDMENT OR WITHDRAWAL OF THE SERVICES.
You shall indemnify, defend, and hold harmless, each of Staff Management, the Providers, and their respective partners, agents, directors, officers, employees, and all other related associated, or connected persons (collectively, the “Indemnified Parties”) from and against any and all liabilities, damages, fines, penalties, judgments, awards, losses, expenses and costs, including without limitation attorneys’ fees, in connection with any claim or demand arising out of, related to, or connected with your use of the Services or your breach of this Agreement. Without limiting the foregoing, the Indemnified Parties shall have the right to select their own counsel at your cost if they believe that there is an actual or potential conflict of interest. You may not enter into any settlement on behalf of any of the Indemnified Parties without the Indemnified Parties’ written consent. You will assist and cooperate as fully and reasonably required by the Indemnified Parties in the defense of any claim or demand.
17. Intellectual Property
Staff Management and our licensors retain full ownership, intellectual property rights and protection in all material contained in the Services including, but not limited to, all digital images, software, source code and other code, or business methods. Subject to the terms of this Agreement, you are granted a limited, non-sublicensable, revocable license to access and use the Services for lawful informational related purposes only. Access and use of any content, information and related materials that may be made available through the Services is made available for your personal use. Except as otherwise expressly provided in this Agreement, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, rewrite, modify, create derivative works from, download (other than the page caching), transfer or sell any material contained within the Services, or use the Services other than for their intended purpose without the prior consent of Staff Management or the respective owner.
The Services may only be used in the manner described expressly in this Agreement. In particular, except as expressly stated otherwise in this Agreement, you may not be copy, imitate, reproduce, republish, link to, upload, post, transmit, modify, index, catalogue, mirror or distribute in any way, in whole or in part the Services, nor cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mine any portion of the Services or unduly burden or hinder the operation and/or functionality of any aspect of the Services, without the express prior written consent of Staff Management.
STAFF MANAGEMENT, the Staff Management logo, and other marks and logos appearing within the Services are registered or unregistered trademarks, trade names, or service marks owned or licensed by Staff Management. Other product and company names and logos appearing within the Services may be registered or unregistered trade names, trademarks or service marks of their respective owners. Any use of the trade names, trademarks, service marks, or logos (collectively “Marks”) displayed on the Services is strictly prohibited. Nothing appearing within the Services or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks displayed within the Services.
Any rights not expressly granted herein are reserved by Staff Management, the Providers, and their respective licensors.
18. Digital Millennium Copyright Act (“DMCA”) Notice
If you believe any material in the Services infringes on a copyright you own or control, you may file a notification of infringement by calling (253) 383-9101, by emailing email@example.com, or by mailing such notice to Staff Management, Attention: Legal Department, 860 W. Evergreen Ave, Chicago, IL 60642.
17 U.S.C. 512(c)(3) sets forth the requirements for proper notification. However, if you knowingly misrepresent that the material or activity is infringing, you may be liable for any and all damages incurred by us as a result of our relying upon such misrepresentation. Also, in accordance with the DMCA, Staff Management has also adopted a policy of terminating, in our sole discretion, users who are deemed to be repeat infringers or we may limit access to the Services and/or immediately terminate the accounts of users who infringe any intellectual property rights of others.
19. Other Sites
20. Linking, Framing, Mirroring, and Data-Mining the Services
Links to the Services without the express written permission of Staff Management are strictly prohibited. The framing, mirroring, scraping or data-mining of the Services or any of its content in any form and by any method are strictly prohibited.
21. Termination of This Agreement and the Services
22. Governing Law and Dispute Resolution
The Services are controlled by Staff Management from Chicago, Illinois, United States of America. This Agreement, your use of the Services, and all related matters are governed solely by the laws of the state of Washington, United States of America and applicable federal laws of the United States of America, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules which may be found at https://www.adr.org/aaa/ShowProperty?nodeId=/UCM/ADRSTG_004103&revision=latestreleased, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration will be before a single arbitrator. The place of arbitration will be Tacoma, Washington, United States of America.
You hereby relinquish, forfeit, and give up the right to resolve any controversy or claim arising out of or relating to this Agreement by a judge and/or a jury. Notwithstanding any provision in this Agreement to the contrary, Staff Management may seek injunctive relief in any court having jurisdiction over the parties to enjoin or prevent any action you take or threaten to take in violation of this Agreement.
You agree that arbitration in no way limits the relief that any party may seek in the jurisdiction in which arbitration has been filed. EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING. Further, unless both Staff Management and you agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.To the extent permitted by law, any claim or cause of action you may have arising from, connected with, or related to your use of the Services, this Agreement, or any related matters must be commenced within one (1) year after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
To the extent permitted by law, any claim or cause of action you may have arising from, connected with, or related to your use of the Services, this Agreement, or any related matters must be commenced within one (1) year after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, such determination will not affect the validity of any other provision and the provision in question shall be reformed to reflect the intent of the provision to the greatest extent possible.
Notwithstanding anything herein to the contrary, all provisions necessary for their interpretation or enforcement, will survive indefinitely after the termination of this Agreement and remain in full force and effect and be binding upon the parties as applicable. The provisions of this Agreement will inure to the benefit of and be binding upon each of Staff Management and the Providers and each of their respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives, and all persons you represent and their respective successors, assigns and related persons. You and the persons you represent may not assign this Agreement or the rights and obligations under this Agreement without the express prior written consent of Staff Management, which may be withheld in Staff Management’s discretion. Staff Management may assign this Agreement and its rights and obligations under this Agreement without your consent or the consent of any persons you represent.
No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by all parties. Any rights not expressly granted by this Agreement are reserved to Staff Management.
We have the right to inform law enforcement of any illegal activity or material we suspect or discover on, through, or otherwise related to the Services and provide law enforcement officials with all requested information about the user account from which the illegal activity or material originated.
24. CONTACT US
Please feel free to contact us with any comments or questions regarding the Services. You may contact us at:
860 W. Evergreen Ave.
Chicago, IL 60642
Attn: Legal Department
Last Updated: DECEMBER 9, 2015