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