IMPORTANT – READ CAREFULLY: THIS WEBSITE, WWW.STAFQUIK.COM, (THE “WEBSITE”) AND ITS RELATED SITES AND PAGES, AS WELL AS THE MOBILE STAFQUIK APPLICATION (COLLECTIVELY, THE “PLATFORM”), IS BEING PROVIDED BY OR ON BEHALF OF STAFQUIK, INC. (“STAFQUIK,” “WE,” “US” OR “OUR”). THIS PLATFORM IS OFFERED TO YOU CONDITIONED UPON YOUR ACCEPTANCE WITHOUT MODIFICATION OF ALL THE TERMS AND CONDITIONS SET FORTH HEREIN. THIS IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS OF AGREEMENT BETWEEN YOU AND STAFQUIK REGARDING YOUR USE OF THE PLATFORM. BY CLICKING “I AGREE” BELOW OR CONTINUING TO USE THE PLATFORM, YOU AND/OR THE STAFFING AGENCY YOU REPRESENT MANIFESTS ITS ASSENT TO THIS AGREEMENT AND FORMS A LEGALLY BINDING AGREEMENT WITH STAFQUIK, INC. BY CLICKING ON THE “I AGREE” BUTTON, YOU ARE AGREEING THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE AGREEING TO THESE TERMS ON BEHALF OF A STAFFING AGENCY OR OTHER COMPANY OR ENTITY, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE ALL NECESSARY RIGHT, POWER, AUTHORITY AND AUTHORIZATION TO BIND SUCH AGENCY OR ENTITY TO THESE TERMS, TO UTILIZE THE PLATFORM, AND TO ENSURE ANY NECESSARY PAYMENT THEREFORE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, OR IF YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR ENTITY, YOU ARE NOT PERMITTED TO USE THE PLATFORM.
- General Information
Unauthorized use of the Platform is strictly prohibited. Such unauthorized use includes, but is not limited to, unauthorized access, misuse of passwords, or any activity that could damage, impair, overburden or disable use of the Platform or interfere with another party’s use of the Platform. You may not engage in any activity that is contrary to any applicable law or regulation. You agree not to (i) violate or attempt to violate the security of the Platform or interfere with the proper working of the Platform or any associated computing systems or networks, or, where the Website is hosted by a third party, that third party’s computing systems or networks; (ii) attempt to gain unauthorized access to the Platform or to any account, database, or computer system connected to the Website or underlying the Platform, or access any materials other than those to which you have been given express permission to access; (iii) “flood” the Website with requests or otherwise overburden, disrupt, or harm the Website or StafQuik’s or any third party’s systems; (iv) use any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform; (v) use any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent; or (vi) access or use the Website beyond the scope of the rights granted herein.
When accessing or using the Platform, you agree that you will not upload or transmit any materials, documents or other information that:
is unlawful, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy rights or right of publicity, or otherwise objectionable;
constitutes or promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
infringes upon, misappropriates, or otherwise violates any patent, trademark, copyright, moral right, or any other intellectual or industrial property rights or other rights of a third party;
encourages criminal conduct;
contains false, misleading, fraudulent, or deceptive claims or content;
gives the impression that it emanates from or is endorsed by StafQuik or any other person or entity, if that is not the case, or impersonates or attempts to impersonate StafQuik, a staffing agency client, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing);
transmits, or procures the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation; or
contains any virus, malware, spyware, or other harmful content or code.
We reserve the right to modify, improve or otherwise correct any content, image, or information on this Website without prior notice. We also reserve the right to suspend or deny access to this Website and/or the Platform for any reason, including without limitation, maintenance, upgrades, or to protect the security of the Platform.
- Third Party Websites and Links
The Platform may contain links to third party websites beyond our control, including websites operated by, and/or which pertain to services provided by, StafQuik’s staffing agency clients. We do not take any responsibility for any information, materials, products and services posted or offered on any of these third party websites.
You acknowledge and agree that StafQuik shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third party website content, goods or services available on or through any such site or resource.
- Registration and Security
You are responsible for maintaining the confidentiality of your password. You shall notify StafQuik of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You are responsible for all usage or activity on your account.
The Platform, including the Website, contains multiple interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials and connect among themselves. By registering with and participating in the Platform and providing information on or through the Platform, you grant us and our affiliates and service providers, including our staffing agency clients, and each of their and our respective licensees, successors, and assigns, perpetual, irrevocable the right and license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third-parties any such material to carry out the purpose(s) for which such information was provided and to otherwise provide StafQuik’s services.
- Representations and Warranties; Acknowledgements.
You represent, warrant, and covenant that:
- You are authorized to use the Website and the services, information, materials, and products offered on the Website and to access the information and data that You input or import into the Website, including any information or data input or imported into the Website by any person you have authorized to use the Website;
- You own, or otherwise have any necessary rights in and third party consents relating to such information and data, so that our receipt, possession, and processing of such information and data does not and will not infringe, misappropriate, or otherwise violate any intellectual property rights or any privacy or other rights of any third party or violate any applicable law, rule, or regulation;
- You are authorized to access the processed information and data that is made available to you through your use of the Website; and
- You understand and agree that the Platform is not intended for distribution to or use in any country where such distribution or use would violate local law or would subject StafQuik or any user to any regulations in another country. StafQuik reserves the right to limit the use of the Platform in any country. You will comply with all applicable U.S. and non-U.S. export control and trade sanctions laws and not disguise your location through IP proxying or other methods.
- Disclaiming of Warranties and Representations
THE PLATFORM AND THE SERVICES, INFORMATION, AND MATERIALS CONTAINED ON THE PLATFORM ARE PRESENTED TO YOU WITHOUT ANY WARRANTIES OR REPRESENTATIONS. SERVICES, INFORMATION, AND MATERIALS ON THE PLATFORM, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOUR USE OF THE PLATFORM IS AT YOUR OWN RISK.
WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, ADEQUACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THE PLATFORM, INCLUDING INFORMATION PROVIDED BY OR ON BEHALF OF STAFFING AGENCY CLIENTS. WE DO NOT REPRESENT OR WARRANT THAT THE WEBSITE WILL BE AVAILABLE OR THAT IT WILL MEET YOUR REQUIREMENTS, THAT POSTINGS OR OPPORTUNITIES WILL BE AS DESCRIBED BY OUR AGENCY CLIENTS, THAT ACCESS WILL BE UNINTERRUPTED, THAT THERE WILL NOT BE DELAYS, FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, THAT NO VIRUSES OR OTHER CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE TRANSMITTED OR THAT NO DAMAGE WILL OCCUR TO YOUR COMPUTER SYSTEM. YOU HAVE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT AND FOR UNDERTAKING REASONABLE AND APPROPRIATE PRECAUTIONS TO SCAN FOR COMPUTER VIRUSES.
WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, FUNCTIONALITY OR PERFORMANCE OF ANY THIRD PARTY SOFTWARE OR HARDWARE THAT MAY BE USED IN CONNECTION WITH THE PLATFORM. WE MAKE NO WARRANTY THAT ANY ERRORS WILL BE CORRECTED. NO ADVICE, SERVICE OR INFORMATION OBTAINED BY YOU THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
You acknowledge that the Internet is not a secure or wholly reliable system, and that security flaws in hardware, software, protocols and encryption techniques are continually being identified. You further acknowledge that information transmissions over the Internet are subject to congestion, interruptions, routing failures, data corruption and other errors. STAFQUIK MAKES NO WARRANTY THAT THE PLATFORM SHALL BE SECURE AGAINST MALFUNCTIONS OR ATTACKS OR SHALL BE ACCESSIBLE WITHOUT INTERRUPTION.
Staffing agency clients and individual users specifically understand and agree that the Platform is a communication platform and as such, is only a “conduit” or intermediary that transmits data and information sent by individual users and other third-parties. StafQuik assumes no responsibility or liability for the accuracy, truthfulness, completeness, propriety, or legality of information which may be provided, directly or indirectly, through the Platform. StafQuik does not verify the accuracy of user information, and users rely on all information at their own risk and assume all responsibility in connection with its use of the Platform.
- Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT STAFQUIK, ITS SUPPLIERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGE FOR LOSS PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF STAFQUIK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), IN CONNECTION WITH (I) YOUR USE OF THE PLATFORM, THE SERVICES, INFORMATION, MATERIALS, AND PRODUCTS OFFERED ON THE WEBSITE, OR ANY LINKED WEBSITE; (II) THE USE OR THE INABILITY TO USE THE WEBSITE OR STAFQUIK’S SERVICES, OR THE SERVICES, INFORMATION, MATERIALS, AND PRODUCTS OFFERED ON THE WEBSITE; (III) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (V) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM. IN NO EVENT SHALL STAFQUIK, ITS SUPPLIERS AND LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES IN EXCESS OF THE FEES PAID BY YOU IN CONNECTION WITH YOUR USE OF THE PLATFORM DURING THE THREE (3) MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE. SOME STATES DO NOT ALLOW THE LIMITATION AND/OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU
- Intellectual Property and Proprietary Information
You acknowledge and agree that the Platform (including without limitation, all content), the services, information, materials and products provided through the Platform, and any necessary software used in connection with the Platform contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that the content contained in advertisements or information presented to you through third party websites or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by StafQuik or the applicable licensor (such as an affiliate or staffing agency partner), you agree not to modify, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Platform (including without limitation, the content) or the services, information, materials, and products provided through the Platform, in whole or in part.
You agree that all of StafQuik’s trademarks, trade names, service marks and other StafQuik logos and brand features, and product and service names are trademarks and the property of StafQuik (the “StafQuik Marks”). Without StafQuik’s prior permission, you agree not to display or use in any manner the StafQuik Marks. Other logos and product and company names appearing in the Platform may be the trademarks of their respective owners.
- Governing Law
- Waiver of Jury Trial
EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
- Waiver and Severability of Terms
- Force Majeure
We shall not be held liable for any delay or failure in performance of any part of the Platform by reason of any cause beyond our reasonable control, including acts of God, acts of civil or military authority, government regulations, embargoes, epidemics, war, terrorist acts, riots, fires, explosions, earthquakes, nuclear accidents, floods, hurricanes, tornadoes, major storms, strikes, power or telecommunications outages affecting facilities, or acts or omissions of vendors, suppliers or common carriers.
- Entire Agreement
- Not Intended for Children
You represent that you are of legal age to form a binding contract and are not a person barred from using this Website under the laws of the United States or other applicable jurisdiction.
- Copyright StafQuik, Inc. 2018. All Rights Reserved
Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by StafQuik, Inc. or their respective affiliates unless otherwise indicated.
- Comments and Concerns
This Website and the Platform are operated by StafQuik, Inc. All feedback, comments, requests for technical support, and other communications relating to the Platform should be communicated to us via email at email@example.com or via the other contact information below. Inquiries regarding postings, employment, or placements should be directed to the relevant staffing agency.
201 Milford Mill Road, Suite 202-A
Baltimore, MD 21208