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StaffingScore Terms of Use

These Terms of Use were last updated on June 5, 2017 and replace all prior Terms of Use.

The Terms of Use are a User Agreement that governs access to and use of the StaffingScore website features including profiles, ratings/scores, resumes and other informative details about a specific contractor/temporary staff personnel.

Before accessing the StaffingScore website and using the services, please read these Terms of Use carefully. By browsing or accessing the website, you are creating a binding contract between you and StaffingScore and agreeing that you have read and understood the Terms of Use and that you are bound by these terms. If you do not agree with any of the terms within the content of the Terms of Use, please do not register or access the website.

StaffingScore does not provide temporary staffing advice but offers information on contractors/temporary staff to help users make informed choices in their search to identify key personnel. In order to provide this level of assessment, the StaffingScore website includes profiles, objective and subjective rating reviews, feedback and comments. StaffingScore also provides a means for contractors to showcase their performance but StaffingScore does not guarantee accuracy of the information provided within the contractors’ profiles/ reports. You assume all responsibility in connection with choosing a contractor/staffing personnel, whether or not you obtained information about such contractor/staff personnel on or through this site. StaffingScore assumes no responsibility or liability for any personnel selected by you. Selection is based solely on your investigation, verification and final assessment that the individual provides the skills required for your company’s purposes. StaffingScore and its officers, directors and employees assume no responsibility or liability of any kind for any services rendered by the contractor/staff personnel.

DEFINITIONS

  1. Content: Text, content submitted by users such as Performance Evaluations, resume/ profile information, comments.
  2. User: Someone accessing, browsing, or in any way using the site. The terms “you” or “your” refer to you as the user of the site.
  3. StaffingScore: The terms of “we”, “us” or “our” refer to StaffingScore. “StaffingScore” implies the corporation/entity owning the rights to the StaffingScore brand and services offering.

USER AGREEMENT/CODE OF CONDUCT

Please read this agreement carefully before selecting the “I Agree” button associated with this User Agreement. By clicking on the “I Agree” button, or by accessing, browsing or using any of the StaffingScore content you agree to the following:

  1. You agree to be bound by all of the Terms of Use in this User Agreement.
  2. Use of the StaffingScore website is based on the user who is registered or completing a Performance Evaluation as a non-registered user and reflects content provided by the user. The user alone assumes responsibility for content provided by the user; content does not reflect the opinions or provide information on behalf of any company, corporation, organization or entity that the user may currently work for/ or has worked for in the past. The user alone agrees to and is bound by this User Agreement and not any company, corporation, organization or entity the user may currently be associated with or has been associated with in the past.
  3. You are not a minor. You are at least 18 years old and have the requisite power and authority to enter into these Terms. You may not use the site if you have been previously banned from using the site.
  4. You fully understand and agree that this User Agreement is the legal equivalent of a signed, written contract between you and StaffingScore.
  5. The site may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
  6. Your use of the site is at your own risk. StaffingScore does not guarantee any information provided within the site.
  7. You will submit honest and accurate Performance Evaluations of the Contractor/Temporary Personnel’s performance based on your own first-hand professionally related experience with the individual reviewed.
  8. You must have worked with the Contractor/Temporary Personnel within the context of a professional relationship and/or team in order to submit a Performance Evaluation.
  9. You will not submit Performance Evaluations that comment on the Performance Evaluations submitted by other users.
  10. You will not submit any Performance Evaluations that may be considered by StaffingScore to be unlawful, harassing, abusive, libelous, threatening, hateful, defamatory, or profane including anything that is racially, culturally, ethnically or otherwise objectionable.
  11. You will not submit Performance Evaluations that are encrypted or that contain viruses or other computer programming routines that are intended to interfere, damage, disable or otherwise overburden the StaffingScore website.
  12. You will not attempt to mislead others by falsifying contact information or impersonating or attempting to impersonate any other person.
  13. You will not access, download or copy any information contained on our website through artificial means (e.g. hacking devices, computer programs, etc.).
  14. StaffingScore has the right to suspend, remove and inactivate your account or any portion of your account including Performance Evaluations submitted and/or ban your registration if you violate the User Agreement or impose unreasonable/ disproportionate large load on our infrastructure by repeatedly posting unprofessional or irrelevant content.

The Performance Evaluations and ratings provided by users do not reflect the views of StaffingScore, its affiliates, owners, officers or employees. StaffingScore retains the right, in its sole discretion to determine whether or not your uses of the services provided by the site are compliant with the terms and conditions of this Agreement. StaffingScore may suspend or terminate use of the services if your use of these services fails to comply with any of the terms of this Agreement. StaffingScore may seek any and all other remedies including seeking injunctive relief with any court competent jurisdiction to enjoin any breach or failure compliant with this Agreement.

PASSWORDS

In order to register on the StaffingScore site, you must choose a password during the site registration process. By this registration, you represent, warrant and covenant that 1.) You are at least 18 years of age; 2.) This is your actual identity; 3.) The information which has been provided is true and accurate about yourself. Your information may be updated at any time by logging into “My Account” and choosing “Manage My Account”.

Logging in the site using a password, represents that you are the authorized user of this password. You are responsible for maintaining the confidentiality of your password. You further agree that you are solely responsible for all activities that occur using your password. If you become aware of any unauthorized use of a password, please notify us immediately. We reserve the right to delete or change any password at any time with or without cause.

CONTENT

You are responsible for the content which is provided. You assume all risks associated with your content including anyone’s reliance on its accuracy or any disclosure by information in your content that identifies you personally. You may not imply that your content is in any way endorsed by StaffingScore. If your content contains information that is false, intentionally misleading, defamatory, includes hate speech or pornography, violates or advocates the violation of any law or regulation; you may expose yourself to liability. StaffingScore does not guarantee the accuracy, integrity or appropriateness of any content transmitted to or through our services. You agree that StaffingScore simply acts as a passive conduit and an interactive computer service provider for the publication and distribution of content to enhance and facilitate the staffing selection process. You agree that you must evaluate and make staffing decisions based on your own judgment. You further agree that StaffingScore has no obligation to screen, preview, monitor or approve any content posted or submitted. However, we reserve the right to review and remove any content that, in its sole judgment, violates this Agreement.

The StaffingScore Reports provided constitute confidential and valuable proprietary information owned by StaffingScore. You are responsible for protecting the confidentiality of (and not disclose to any person outside of your team/working group/ organization) the StaffingScore Reports for one (1) year from the date the information was accessed by using at least the same degree of care as you would use to protect your own confidential information. In the event of a judicial or administrative order, providing this information would not constitute a breach of the Agreement provided that you provide timely written notice of such an order to StaffingScore.

StaffingScore will actively and aggressively enforce our intellectual property rights to the fullest extent of the law.

We reserve the right to use your content as we deem is necessary, including copying, publicly performing and displaying, reproducing, distributing, modifying, translating, removing, analyzing, commercializing and preparing derivative works from the content. You irrevocably waive, and cause to be waived, against StaffingScore and its users any claims and assertions of moral rights or attribution with respect to your content.

SITE REVIEWS

StaffingScore may monitor or review any areas on StaffingScore where you transmit or post communications; however, StaffingScore is not responsible for monitoring or reviewing every submission or posting. StaffingScore disclaims any liability related to the content of any submissions or postings.

PAYMENTS

Payments, if any, shall be charged as indicated by the StaffingScore Website. You waive all claims relating to charge unless claimed within 60 days after the charge. Refunds (if approved) are at the sole discretion of StaffingScore. Any approved refund will be provided only in the form of credit for services.

PRIVACY POLICY

We consider our user’s personal data to be important; therefore, we have established a Privacy Policy. The Privacy Policy identifies the data that will be collected and how this data will be used in the system. Please refer to it for details. To view the most current version of the Privacy Policy, please select the Privacy Policy Link displayed on the StaffingScore.com webpage.

CHANGES TO THE TERMS OF USE

StaffingScore reserves the right to update the Terms of Use Agreement periodically at our sole discretion. If we make material changes to this Agreement, you will be notified by email or by notice on the site prior to the effective date of the change. It is your responsibility to review the Agreement for any modifications each time that you use the services of the site as you are bound by these modifications. Use of the site services by you constitutes your acceptance of the latest Terms of Use Agreement.

SUBMISSIONS

You agree that you grant StaffingScore a nonexclusive, royalty-free, perpetual, transferable, irrevocable and sub-licensable right to use, reproduce, modify, translate, distribute, publish, create derivative works from and publicly display any content provided to the site.

COMPLAINT RESOLUTION

The StaffingScore Complaint Resolution Process is not a legal entity. You have the option to participate in our complaint resolution process by submitting your complaint request to complaints@staffingscore.com. Your complaint will be reviewed by the Complaint Resolution Team. The Complaint Resolution team will contact you to acquire any additional information required to investigate the issue. You are required to provide the requested information in a timely manner. Not responding to a request for additional information may be result in rejection of the complaint. We reserve the right to reject your complaint at any time in the process. StaffingScore does not become a party to your dispute with a contractor or a past employer. StaffingScore may potentially provide assistance to communicate your dispute and when possible will be the liaison between two parties to help resolve disputes. We are neither a mediator nor an arbitrator and we will not provide legal advice or assistance. If you decide that a legal recourse is required, StaffingScore encourages you to consult with an Attorney. StaffingScore does not guarantee that submitting your complaint to StaffingScore will guarantee a positive outcome or your desired resolution.

INTELLECTUAL PROPERTY

All rights, titles and interest in and to the content, including without limitation the graphical user interface display and format arrangement provided by StaffingScore Reports, and the content and all intellectual property rights embodied therein, are the property of StaffingScore. This includes any of the content that may be stored or displayed by StaffingScore on other media or servers. StaffingScore and the content contained and referenced are for informational purposes only. Any reproduction, retransmission or other use is strictly prohibited, except as otherwise provided by this Agreement or by StaffingScore’s express authorization. Requests for permission to reproduce any of the content may be made by sending an email to support@staffingscore.com or writing to the address provided in the Contact Section of this Agreement.

USE OF STAFFINGSCORE SERVICES

Use of the StaffingScore website is to provide contractors and employers a forum for identifying, rating and providing information to facilitate the process of accessing highly skilled key temporary resources. The information is contained in results, or through content created by people over whom StaffingScore has no control. You agree that that we have no control for the content of the contractor ratings, profiles or information provided. We cannot confirm that users or contractors are who they claim to be. StaffingScore assumes not responsibility and disclaims all liability for the content, accuracy, completeness, reliability or availability of any contractor listed.

WARRANTIES/DISCLAIMERS AND LIMITATIONS ON LIABILITY

It is agreed that the provided services are on an “as is” basis. StaffingScore assumes no responsibility or liability for the timeliness, deletion of content or failure by the services. You agree that StaffingScore contracts with a Third Party to process your payment. Neither a payment processor nor any other party involved in the payment process shall be liable for any damages. You release each of the parties from any and all damages you may suffer as a result of the failure of StaffingScore to provide services to you under this agreement or any breach of this agreement by StaffingScore. StaffingScore shall under no circumstances, be liable to any user on account of that users use or misuse of or reliance on the website, arising from any claim relating to this agreement. StaffingScore shall not be held liable for any delay or failure in performance.

INDEMNITY

You will defend, indemnify and hold harmless StaffingScore, its officers, managers, owners, any third parties and employees from and against all losses, liabilities, expenses, damages, claims demands and cost including reasonable attorney’s fees and court cost due to or arising from 1.) Any violation of this Agreement; 2.) The inaccurate or untruthful content or other information provided by you to StaffingScore that you submitted, transmitted or made available through the services; 3.) The inaccurate or untruthful content or other information provided by others to StaffingScore that you accessed through the services; 4.) Any intentional or willful violation of any rights or harm you may have caused to others; 5.) Your use of this Site, any Site Materials, or any services obtained on or through this Site; 6.) Any intentional or willful violation of any rights or harm others using this site may have caused to you or 7.) Any decisions/actions you make based on information obtained on or though this Site.

RELEASE FOR FORCE MAJEURE

You will absolve and release StaffingScore and its officers, directors, shareholders, employees, customers and suppliers from any claim of harm resulting from any issues over which StaffingScore does not have direct control. This would include, but is not limited to , failures of the following: electronic issues, mechanical equipment, communication lines, interconnectivity issues, computer viruses, damaging code or data, unauthorized access, theft, operator errors, weather related issues, natural disasters, strikes or other labor disputes, wars or any government restrictions.

JURISDICTION/COMPLIANCE WITH LAWS

This Agreement and any dispute arising out of or in connection with this Agreement will be governed as to all matters, including, but not limited to the validity and performance of the Agreement, by and under the laws of the State of Florida, United States of America. Any and all actions, lawsuits or other legal proceedings related to such Dispute shall be filed only in the federal or state courts located in MiamiDade County. Each of the Parties hereby consent to the exclusive personal jurisdiction of the federal or state courts located in Miami-Dade County, Florida, USA.

TERMINATION

The Terms of Use Agreement becomes effective at the time you click “I Agree” or access, use or browse the StaffingScore Site or any Site Materials. We reserve the right, at any time without notice to terminate your use. Termination will deny you access to the site and/or site materials. Upon termination of this Agreement, you agree that all services granted to you will immediately and automatically terminate. You will no longer have access to use and/ or browse the site, site materials or any portion thereof.

QUESTIONS – CONTACT US

Questions, requests or concerns regarding the Terms of Use Agreement or StaffingScore services should be sent by mail or email to:

Attn: StaffingScore Support
StaffingScore
5775 Blue Lagoon Drive Suite 220
Miami, FL 33126
Phone: 1-305-264-4442
E-mail: support@staffingscore.com
Fax: 305-675-6162


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