Introduction
This Agreement contains the complete terms and conditions that apply to you in joining, applying, being selected for jobs, and all other activities you will make on the Five Star Staffing website (the “Site”). By using this Site, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between Five Star Staffing and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this agreement can be made and effected by Five Star Staffing from time to time without specific notice to you. The Agreement posted on the Site reflects the latest agreement and you should carefully review the same before you use the Five Star Staffing Site.
Use of the Site & Prohibitions
For you to complete the sign-up process in our Site, you must provide your full legal name, current address, a valid email address, and any other information required. However, you are prohibited from committing the following acts: (a) use our sites, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools (b) posting of an items in inappropriate category or areas on our sites and services; (c) collecting information about users’ personal information; (d) interfering with other users’ listings; (f) post false, inaccurate, misleading, defamatory, libelous, or otherwise inappropriate content; (g) transmit any worms or viruses or any code of a destructive nature.
Description of Service
Five Star Staffing is providing members with access to apply and be placed for job openings. Each Member must provide (1) all equipment necessary for his or her own job applications and (2) provide for Member’s access to the Internet, and (3) pay any fees related to such connection.
Account Registration
In order to list a resume on the Site, you must first create an account (“Account“) by completing our registration process. During the registration process you will be required to provide certain information and you will establish a username and a password. Upon completion of our approval process, you will become a “Member.” You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Five Star Staffing reserves the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree not to disclose your password to any third party and to take sole responsibility for any activities or actions under your Account, whether or not you have authorized such activities or actions. You will immediately notify Five Star Staffing of any unauthorized use of your Account.
Copyright Information
By submitting to Five Star Staffing, you warrant and represent that you own all rights, including but not limited to all U.S. copyright rights, in and to your job materials and content. You grant to Five Star Staffing, the worldwide, perpetual, irrevocable, royalty-free, sub-licensable right and license to reproduce and prepare derivative works of the resumes for the purpose of advertising the job services offered on the Site. To the extent that you do not own all rights in and to the jobs or that Five Star Staffing’s use of any of the resumes as permitted under this Agreement infringes or otherwise violates the rights of any third party, you agree to indemnify and hold Five Star Staffing harmless from any claims or demands, including attorneys’ fees and costs, incurred by Five Star Staffing with respect thereto.
All job listings and images on the Site are either owned or licensed by Five Star Staffing and may not be reproduced or used in any manner without the express written permission of Five Star Staffing and, if appropriate, the relevant jobs.
FIVE STAR STAFFING, the FIVE STAR STAFFING logo may not be used without prior written permission of Five Star Staffing.
Disclaimer Regarding Accuracy of Vendor Information
Specifications about and other information regarding applicants on the Site have been provided by individual applicants and is not verified by Five Star Staffing. While Five Star Staffing makes every effort to ensure that the information on the Site is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on the Site. Five Star Staffing makes no warranties or representations whatsoever with regard to any applicant’s content or prowess, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk. We do not warrant that service descriptions or other content of this Site are completely accurate, complete, reliable, current, or error-free.
Information for Customers
Customers (that is, selectors of applicants from the Site) are responsible for paying all fees and applicable taxes in a timely manner with a valid payment method. If a Customer’s payment method fails, Five Star Staffing may collect fees owed using other collection mechanisms. Unless credit term has been agreed upon, payment for the products shall be made by credit card, or via Paypal. Five Star Staffing has all the discretion to cancel or deny applicants selections. Five Star Staffing is not responsible for typographical, or other errors in any offer by Five Star Staffing member applicants and reserves the right to cancel any selections arising from such errors.
Editing, Deleting, & Modification
We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our Site. Your continued participation in our program or visiting our site following our posting of a change of notice or new agreement on our site will constitute binding acceptance of the change.
Acknowledgement of Intellectual Property Rights
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the intellectual property rights, in and to the Site, and that you will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the program or proprietary information related thereto.
Warranty Disclaimer
Five Star Staffing makes no express or implied warranties or representations with respect to the program or any services offered in our Site (including, without limitation, warranties of title, merchantability, fitness for a particular purpose, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our Site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This Site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You understand and agree that your use of this Site is at your own risk.
Limitations of Liability
IN NO EVENT SHALL FIVE STAR STAFFING OR ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, FIVE STAR STAFFING’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. FURTHER, FIVE STAR STAFFING’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF FIVE STAR STAFFING’S OFFICERS, MANAGERS, MEMBERS, EMPLOYEES AND AGENTS, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO A) THE AMOUNT OF FEES YOU PAY TO FIVE STAR STAFFING IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR B) $100, WHICHEVER IS LESS.
Confidentiality
You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted by an end-user customer pursuant to a program is proprietary information of Five Star Staffing. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Fraud
FRAUDULENT ACTIVITIES are highly monitored on our Site and if fraud is detected Five Star Staffing shall resort to all remedies available to it, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
Non-Waiver
Failure of the Five Star Staffing to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
Miscellaneous
This Agreement shall be governed by and construed in accordance with the substantive laws of North Carolina, without any reference to conflict-of-laws principles. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of North Carolina, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.
The entire Agreement between the parties with respect to the subject matter hereof is embodied on this Agreement and no other agreement relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.