You may be required to register in order to access certain features of the Site. You will choose a User name and a password through Site’s registration process. You are responsible for keeping your User name and password confidential. You are responsible for all activities (whether by you or by others) that occur under your password and account. You agree to notify us immediately of any unauthorized uses of your account or any other breach of security. StaffedUp cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected.
INTELLECTUAL PROPERTY RIGHTS
The Site and all materials available on it are the property of StaffedUp, its licensors, or its Users and are protected by copyright, trademark and other intellectual property laws. You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of our, our licensors’, or other Users’ intellectual property rights.
The following activities are expressly prohibited from the Site:
- Creating a username in violation of any trade secret, copyright, or other intellectual property right.
- Creating a username that contains offensive content. Offensive content may include, but is not limited to, obscene language, obscene references, threatening or harassing messages, or defamatory statements.
- Engaging in activity that compromises the Site. Such activity may include, but is not limited to: hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, and mail bombing or crashing.
- Engaging in any activity designed to impede the use of the Site by other users, including overloading and flooding.
- Framing or deep linking into the Site.
- Accessing the Site by means of automated process, spiders, bots or similar device.
USER SUSPENSION AND/OR TERMINATION
StaffedUp may cancel or terminate the User’s right to access or use any part of the Site at any time without notice. The User agrees that breach of any of the terms in this Agreement may result in the immediate termination of the User’s account and/or give rise to civil action against the User. The disclaimers herein and all restrictions on the User regarding information downloaded or obtained from the Site shall survive any cancellation or termination of the User’s right to use the Site.
LINKS TO THIRD PARTY SITES
Any links to other websites not owned or operated by StaffedUp are provided solely as a convenience for the User. StaffedUp’s listing of any third party does not create a partnership or affiliation with the third party. StaffedUp’s listing of any third parties does not constitute sponsorship or endorsement of these third parties. The User shall make a competent consumer decision before purchasing goods or employing the services of any linked or listed third party. User hereby assumes all risk associated with obtaining goods or services from any third party.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Site, you warrant to StaffedUp that you will not use the Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
MATERIALS PROVIDED TO STAFFEDUP OR POSTED ON THE SITE
StaffedUp does not claim ownership of the materials or ideas that you provide to StaffedUp (including feedback and suggestions) or post, upload, input or submit to StaffedUp through your use of the Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting StaffedUp, its affiliated companies and necessary sublicensees an unlimited, irrevocable, worldwide, perpetual, sublicensable and royalty-free license to use the Submissions for any purpose including, without limitation, the rights to use the information in furtherance of any commercial purpose; to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, create derivative works, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid to you with respect to StaffedUp’s use of your Submission. StaffedUp is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in StaffedUp sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you represent and warrant that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions and grant the license above.
DISPUTE RESOLUTION AND ARBITRATION
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
The parties shall first attempt to resolve, through good faith negotiation, any dispute regarding this Agreement. Failing that, the parties may select a Mediator to assist them in resolving conflicts at a location mutually agreeable to the parties. Fees directly related to the selected Mediator shall be divided equally between the parties. If the conflicts still cannot be resolved, any dispute regarding this Agreement or for any damages associated with its breach, shall be decided by binding arbitration before a single arbitrator and administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules then in effect. Any decision of the arbitrator shall be final and binding and may be enforced by any judicial court having jurisdiction over the parties. The place of arbitration shall be a neutral site agreed upon by the parties. If the parties cannot agree upon a site, the place of arbitration shall be Boone County, Missouri, U.S.A.
CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.
If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that arbitration can proceed on a class basis, then the disputes, claims or controversies will not be subject to arbitration and must be litigated in federal court in St. Louis, Missouri.
FEDERAL AND STATE LAWS
When using the Site, on the Site, or when using any other media provided by StaffedUp you must obey all applicable federal, state and local laws. The Site is operated from the United States. Any use of the Site that violates any applicable laws will be grounds for discontinuing your rights to access the Site.
THE INFORMATION INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. STAFFEDUP AND/OR ITS LICENSORS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
STAFFEDUP MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS OR SERVICES OFFERED OR OBTAINED THROUGH THE SITE. ALL SUCH INFORMATION, PRODUCTS OR SERVICES ARE PROVIDED "AS IS”#8221; WITHOUT WARRANTY OR CONDITION OF ANY KIND. THIS INCLUDES ANY LISTING OF ANY THIRD PARTY GOODS OR SERVICE PROVIDER INCLUDED IN THE SITE. ANY THIRD PARTY GOODS OR SERVICE PROVIDER IS SUPPLIED AS A CONVENIENCE TO THE USER AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. STAFFEDUP AND/OR ITS LICENSORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO ANY INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
IN NO EVENT SHALL STAFFEDUP AND/OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF STAFFEDUP HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
STAFFEDUP’S LIABILITY TO ANY USER OF THE SITE SHALL BE LIMITED TO THE FEES PAID BY SUCH USER TO STAFFEDUP FOR ANY PRODUCTS OR SERVICES DURING THE SIX (6) MONTHS PRIOR TO THE DATE SUCH CLAIM ALLEGEDLY AROSE.
You agree to indemnify StaffedUp and its affiliates, employees, agents, representatives and third party service providers and defend and hold each of them harmless, from any and all claims, demands, actions, liability, fines, penalties and expenses, whether based on warranty, contract, negligence, strict liability or otherwise, that may arise from any of your acts through the use of the Site. Such acts may include, but are not limited to: submissions, unauthorized use of material obtained through the Site, or breach of this Agreement.
To the maximum extent permitted by law, this Agreement is governed by the laws of the State of Missouri, U.S.A., and you hereby consent to the exclusive jurisdiction and venue of courts in Boone County, Missouri, U.S.A. In all disputes arising out of or relating to the use of the Site, unless a different jurisdiction and venue is dictated by this Agreement.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and StaffedUp as a result of this Agreement or use of the Site.
StaffedUp’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of StaffedUp’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site, or information provided to or gathered by StaffedUp with respect to such use.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between the User and StaffedUp with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and StaffedUp with respect to the Site.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.