TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE.
USING THIS WEBSITE. If you do not agree with these Terms of Use, please
do not use our website.
Updated January 25, 2008
Senior Staff, LLC a Virginia limited liability company (“we” or “Senior Staff”),
makes this website (the “Site”) and the information, text, graphics, and other materials
available on or through the Site (collectively “Content”) available for your use
subject to your agreement with these Terms of Use. Senior Staff reserves the right
to delete, modify or supplement the Content at any time and for any reason without
notifying you about such changes. We also reserve the right to change or discontinue
any aspect or feature of this Site at any time without notice.
Similarly, we reserve the right to change these Terms of Use from time to time.
We will try to notify you of any changes through a notice on our home page or through
some other means. Regardless, your continued use of the Site or any Content available
on it after we have posted changes to these Terms of Use constitutes your acceptance
of those changes. As a result, you should periodically check back to this page to
view the most current Terms of Use. If you breach any of these Terms of Use, your
right to use this Site and its Content automatically terminates, and you must immediately
destroy any Content you may have downloaded or printed from the Site in violation
of these Terms of Use.
Acceptance of Terms
BY ACCESSING OR USING THIS SITE IN ANY WAY, INCLUDING REGISTERING AS A USER
OR RECEIVING ANY CONTENT OR OTHER MATERIALS AVAILABLE THROUGH THE SITE, YOU AGREE
TO BE BOUND BY THESE TERMS OF USE. These Terms of Use include our Privacy Policy,
which can be found here. If you access or use this
website or any of its Content in any way, these Terms of Use form a binding contract
between you and Senior Staff. If you are an established customer of Senior Staff
who has entered into a separate agreement with Senior Staff regarding your use of
the Site, these Terms of Use are part of and incorporated into that agreement.
Your Rights in Using the Site; Reservation
of our rights
All Content available on the Site, as well as the design, layout
and other elements of this Site are the sole property of Senior Staff or its licensors
and are protected by copyright, trademark, and other U.S. and foreign laws. As a
visitor to the Site, you have the right to use the Site and its Content only for
personal, informational purposes or other internal business purposes. You will also
be able to conduct a public search for jobs in your areas of interest, but you will
not be able to see the names of the companies offering those jobs unless you go
through Senior Staffer™ registration. The rights granted to you constitute a license
and not a transfer of title. Senior Staff reserves the right to revoke your authorization
to view, download, and print the Content available on the Site at any time if you
violate these Terms of Use. Except for the rights expressly granted to you in these
Terms of Use, Senior Staff and its licensors reserve all rights in and to the Site,
the software comprising any part of the Site, our database of Senior Staffer™ profiles
(the “Profile Database”), all other Content on the Site, and all intellectual property
rights inherent in all items listed in this sentence. In addition, Senior Staff
reserves the right, in its sole discretion, to terminate, suspend, update, supplement
or otherwise change all or any part of the Site, the Content or the Profile Database
at any time and without notice to you.
Trademarks
Senior Staff™, Senior Staffer™, Bringing Experience Back to Work™, and the Senior
Staff logo are the trademarks and service marks of Senior Staff, LLC. Other trademarks
displayed on the Site are the property of their respective owners. You may not use
any of these trademarks, logos or service marks without the advance written consent
of Senior Staff or the third party owner, as applicable.
Your Obligations
You agree to use the Site and all Content only for lawful purposes and in accordance
with these Terms of Use. In using the Site or any Content available through it,
you agree not to do (or allow a third party to do) any of the following: (1) copy,
display, republish, modify or use for any commercial purpose any Content without
advance written permission from Senior Staff; (2) remove any copyright, trademark
or other proprietary notices contained in the Content we allow you to reproduce;
(3) distribute, transmit, sell, rent, lease, license or otherwise transfer any Content
to others or otherwise use the Content for commercial purposes; (4) mirror, frame
or link to the Site or any Content using any third party’s website without the advance
written consent of Senior Staff; (5) use the Site or any Content to disparage Senior
Staff or otherwise harm its reputation in any way; (6) post on or submit to the
Site any unlawful, threatening, harassing, libelous, offensive, defamatory, obscene,
or pornographic materials, or other materials that would violate any law or the
rights of Senior Staff or others, including intellectual property laws, and rights
of privacy and publicity; (7) upload, post, or otherwise transmit through the Site
any viruses or other harmful, disruptive, or destructive files, or any unsolicited
mail, email, or fax; (8) impersonate any person, create a false identity or otherwise
post on the Site any false biographical, company or job information; (9) use or
attempt to use another’s account or password, or otherwise access or attempt to
access any Content or features of the Site you are not authorized to access; (10)
disrupt or interfere with any other user’s enjoyment of the Site or any linked sites;
(11) disrupt or interfere with the security of, or otherwise cause harm to, the
Site or any Content, system resources, accounts, passwords, servers, or networks
connected to or accessible through the Site or any linked sites; (12) use or attempt
to use any software, search engine or other device to navigate or search the Site
other than the software and search engine used on the Site, or use any data mining,
robots, or similar data gathering and extraction methods in connection with the
Site. We may deny or limit your access to the Site if you violate any of these restrictions.
Third Party Sites and Services
In addition to the Content offered by Senior Staff, this Site
may also provide links or references to other web sites or otherwise make available
materials, products, information, or services provided by third parties. We provide
these links merely as a convenience for our customers and other users of the Site.
You understand and agree that (1) Senior Staff does not control or endorse any third
parties referenced on the Site; (2) Senior Staff makes no representation or warranties
whatsoever about any such third parties, their information, materials, products,
or services; (3) any dealings you may have with such third parties are at your own
risk; and (4) Senior Staff has no responsibility or liability for any information,
materials, products, or services offered or provided by third parties, including
any third party information, materials, products or services offered or provided
through the Site.
Additional Terms for our Senior Staffer™ customers
If you register as a Senior Staffer™ customer, in addition
to the rights granted to you above, you will have the right to use the Content and
the Site to search for a job and for other personal or informational purposes only.
You may also create a Senior Staffer™ Profile that includes your personal contact
information and information regarding your employment background and interests.
We will treat the information in your Senior Staffer™ Profile in accordance with
our privacy policy. You will also be able to create a Senior Staffer™ Dashboard,
through which you can update information in your Senior Staffer™ Profile, update
your resume, and track the jobs in which you have expressed interest. In turn, you
understand and agree that you will post information on the Site solely in accordance
with these Terms of Use and that you are entirely responsible for any information
you post in your Senior Staffer™ Profile or elsewhere on the Site. In addition,
you will be solely responsible for the confidentiality of your userID, password
and other information related to your account. You will not share such information
with any other person or otherwise let any other person use your login credentials
to access the information and areas of the Site that are reserved for our Senior
Staffer™ customers. You agree to notify us immediately of any unauthorized use of
your account information.
By clicking on “CONFIRM” during the last step in the Senior Staffer™ registration
process, you agree to pay the subscription fees specified in your registration,
along with any applicable taxes, and you authorize Senior Staff to process payment
for the applicable subscription fees using the credit card you provide during registration,
subject to our refund policy, which is described below.
You also acknowledge and agree that if you cancel your account or we terminate it
for a violation of these Terms of Use, we have no obligation to retain any information
you have posted on the account or stored in your Senior Staffer™ Profile. We will
have the right to delete that information from our systems within a reasonable time
following the cancellation of your account, although potential employers you have
contacted may retain information you provided them or that they obtained about you
from the Site.
Other than the following section, labeled “Additional Terms for Employers,” all
other provisions of these Terms of Use apply to your use of the Site and its Content.
Additional Terms for Employers
If you register with us as an employer, in addition to the rights specified in the
“Your Rights in Using the Site” section above, you will have the right to post on
the Site the number of job listings specified in your subscription and to search
our Profile Database to find candidates for the positions you lists on the Site;
provided that you may use any information obtained in the Profile Database or otherwise
through the Site solely for lawful purposes and in accordance with these Terms of
Use, including our privacy policy referenced above. Upon completing your registration,
we will issue you a specific number of unique userIDs and passwords (“User Logins”)
to access the Site to post jobs or search for candidates. The number of User Logins
we issue you will be indicated on your registration confirmation page. Finally,
you will have an opportunity to create a unique Employer Dashboard that can help
to organize and manage your open positions, as well as information related to the
potential job candidates you have found in our database.
In turn, you grant Senior Staff a royalty-free, worldwide, perpetual, irrevocable,
non-exclusive right (including any moral rights) and license to use, reproduce,
modify, adapt, publish, translate, create derivative works from, distribute, communicate
to the public, perform and display any information or other materials your provide
(in whole or in part) on the Site and to incorporate it in other works in any form,
media, or technology we may develop. In addition, you grant Senior Staff a royalty-free,
nonexclusive, worldwide, non-transferable right to use your company’s logo and related
trademarks on the Site and in related marketing materials to show that your company
is a customer of Senior Staff. On written request from you, we will comply with
any reasonable trademark usage guidelines provided to us.
You understand and agree that you may not post more job listings nor exceed the
number of User Logins than the applicable number specified in your registration
without buying another subscription to purchase additional job listings and User
Logins. In addition, you will (i) assign User Logins solely to authorized users;
(ii) be responsible for ensuring the confidentiality of all User Logins we provide;
and (iii) not share, disclose or otherwise provide any User Login to any third party,
including, without limitation, any recruitment agencies, staffing agencies, advertising
agencies or other agencies. Once you assign a User Login to a particular user, that
user may not share his or her User Login with any other person, including without
limitation, any other employee or contractor of yours; provided, however, that,
you may re-assign a user’s User Login if that person is no longer one of your employees
or contractors, or no longer needs a User Login to post job listings on the Site
or search the Profile Database. Only one user may access the Site or the Profile
Database at the same time using the same User Login. You agree that you may only
post job listings on the Site for positions that are genuinely available at your
company. In addition, you understand and agree that you may not, without our prior
written consent: (i) use any information regarding our Senior Staffer™ customers
(“Senior Staffer Data”) other than in accordance with these Terms of Use; (ii) disclose,
copy, sell, assign, lease, or otherwise provide Senior Staffer Data to third parties
other than your authorized users of our services and then, only in accordance with
these Terms of Use; or (iii) commercially exploit any Senior Staffer Data for your
own or a third party’s benefit. You will keep confidential all Senior Staffer Data
obtained from the Site and disclose it only to employees and approved contractors
who (a) have a need to know such information in order to fill jobs you post on the
Site, and (b) are legally bound to respect the confidentiality of the Senior Staffer
Data by confidentiality provisions at least as protective as those set forth in
these Terms of Use. Without limiting the generality of the preceding sentences in
this paragraph, you may not use any Senior Staffer Data or its access to the Profile
Database to market, promote or sell any products or services of yours or any third
party, or to send unsolicited mail or email, make unsolicited telephone calls or
send unsolicited faxes regarding your or any third party’s products or services.
By clicking on “CONFIRM” during the last step in the employer registration process,
(1) you represent and warrant to us that you are authorized to bind your company
to these Terms of Use (in which case all references to “you” in these Terms of Use
shall mean both you and your company collectively, or individually, as applicable);
and (2) you agree to pay the subscription fees specified in your registration, along
with any applicable taxes, subject to our refund policy, which is described below.
If you elect to pay by credit card, you authorize Senior Staff to process payment
for the applicable subscription fees using the credit card you provide during registration.
If you elect to pay offline by purchase order, you agree to pay the applicable subscription
fees within 30 days of completing your registration.
You also acknowledge and agree that if you cancel your account or we terminate it
for a violation of these Terms of Use, we have no obligation to retain any information
you or any of your company’s authorized users has posted on the Site or stored in
your Employer Profile. We will have the right to delete that information from our
systems within a reasonable time following the cancellation of your account, although
potential job seekers you have contacted may retain information you provided them
or that they obtained about you from the Site. In addition, any job listings you
have posted on the Site will expire on the cancellation or termination of your account
and promptly be removed from the Site. Similarly, all of your User Logins will expire
immediately upon the cancellation or termination of your account.
Other than the preceding section, labeled “Additional Terms for our Senior Staffer™
Customers,” all other provisions of these Terms of Use apply to your use of the
Site and its Content.
Refund Policy
Senior Staff will refund all subscription fees you prepay during the registration
process if, within 30 calendar days after you complete your registration, you notify
us that you are dissatisfied with the Site or the Content for any reason. You can
request such a refund by sending a letter to us at the following address:
Refund Request
Senior Staff, LLC
P.O. Box 1454
Ashburn, VA 20146
Senior Staff will provide a full refund within 30 calendar days of receiving your
request. All fees you pay will become non-refundable, even if you or we cancel
your account for any reason, if we do not receive your refund request within 30
calendar days after you complete your registration.
No Warranties
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT
SIGNED BY YOU AND SENIOR STAFF OR YOU AND A THIRD PARTY WITH RESPECT TO SUCH PARTY’S
MATERIALS OR SERVICES, THIS SITE, AND ALL CONTENT ACCESSIBLE THROUGH THIS SITE ARE
PROVIDED “AS IS,” “WITH ALL FAULTS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS
OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY OF TITLE OR NON-INFRINGEMENT.
Without limiting the foregoing, Senior Staff makes no representation or warranty
that: (1) the Content will be accurate, reliable, complete, current or timely; (2)
the Content will meet your requirements; (3) access to the Site or the Content will
be uninterrupted, timely, secure, or error-free; (4) the results that may be obtained
from the use of the Site or its Content will be effective, accurate, or reliable;
(5) the quality of any Content obtained or accessible by you through the Site will
meet your expectations; or (6) any errors in the Content obtained through the Site,
or any defects in the Site or Content, will be corrected. You understand that the
Site may include technical or other mistakes, inaccuracies, or typographical errors
and the Content may be out of date.
You also understand that Senior Staff makes no commitment to update or correct such
Content, and you agree we have no responsibility for the substance, accuracy, reliability,
currency, sufficiency, or completeness of any information, content, service, or
merchandise presented or referenced on the Site. YOU UNDERSTAND AND AGREE THAT YOUR
USE OF THE SITE AND ANY CONTENT AVAILABLE THROUGH IT IS ENTIRELY AT YOUR OWN RISK
AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS
OF DATA, OR OTHER HARM THAT RESULTS FROM SUCH USE. You agree that Senior Staff will
have no liability for any computer virus or other similar software code that is
downloaded to your computer from the Site or in connection with any Content offered
through the Site. Except as otherwise stated in a written agreement signed by you
and Senior Staff, no advice or information you may obtain from Senior Staff or through
the Site creates any warranty or obligation that is inconsistent with these Terms
of Use.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT SENIOR STAFF, ITS OFFICERS, DIRECTORS,
EMPLOYEES, PARTNERS, OR SUPPLIERS WILL NOT IN ANY WAY BE LIABLE TO YOU OR ANYONE
ELSE FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF
ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES CONSTITUTING
OR RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT SENIOR STAFF HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH
LIABILITY IS BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY,
BREACH OF WARRANTIES, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, ARISING OUT OF
OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THIS SITE OR ITS CONTENT;
THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH THE SITE; ANY DEALINGS
WITH OUR VENDORS, PARTNERS, OR OTHER THIRD PARTIES; ANY UNAUTHORIZED ACCESS TO OR
ALTERATION OF YOUR SUBMISSIONS OR DATA; ANY INFORMATION THAT IS SENT OR RECEIVED
OR NOT SENT OR RECEIVED THROUGH THE SITE; ANY FAILURE TO STORE OR LOSS OF ANY DATA,
FILES, OR OTHER CONTENT AVAILABLE THROUGH THE SITE; ANY DELAY OF OR INTERRUPTION
IN THE USE OF THE SITE; OR ANY WEB SITE REFERENCED OR LINKED TO OR FROM THE SITE.
YOU ALSO UNDERSTAND AND AGREE THAT SENIOR STAFF HAS NO RESPONSIBILITY OR LIABILITY
FOR ANY EMPLOYMENT DECISIONS MADE BY ANY OTHER PERSON.
You also understand and agree that Senior Staff cannot and does not guarantee that
our services will enable every job seeker who visits or registers on our Site to
find a job or that every employer that registers with us will fill every position
it lists on the Site. In addition, although we have no obligation to review any
information posted by our users, we reserve the right to pre-screen, refuse, or
remove any information we may determine is in violation of these Terms of Use. You
agree that we have no responsibility or liability for any information posted by
any registered customer or other user, nor for any acts, omissions or other conduct
of any user.
Indemnification
By using the Site or any Content available through it, you
agree to indemnify and hold Senior Staff, and its officers, directors, agents, partners
and employees, harmless from any claim, suit, action, or demand (as well as any
related reasonable attorneys’ fees), made by any third party arising out of, related
to, resulting from or in connection with your use of or connection to the Site,
including but not limited to, (1) any information, materials or files you submit,
post to, or transmit through the Site, (2) your violation of these Terms of Use,
or (3) your violation of any laws or the rights of another person or entity. Senior
Staff will provide you prompt notice of any such claim, suit, action or proceeding
and will reasonably cooperate with you, at your expense, in your defense of any
such claim, suit, action or proceeding. We may elect to participate in any such
suit, action or proceeding using counsel of our choice and at our expense, but such
participation would not relieve you of your obligations set forth above in this
paragraph.
Governing Law and Jurisdiction
By accessing and using this Site in any way, you agree that
all matters relating to your access to or use of this Site is governed by the statutes
and laws of the Commonwealth of Virginia without regard to conflicts of laws principles.
You also agree and hereby submit to the exclusive personal jurisdiction and venue
of the courts within Loudon County in the Commonwealth of Virginia with respect
to such matters, and you hereby waive and agree not to raise any objections regarding
the jurisdiction of, or venue in, those courts.
General
The Terms of Use and the other rules, guidelines, licenses and disclaimers posted
on the Site constitute the entire agreement between Senior Staff and you with respect
to your access to and use of the Site and its Content. If for any reason a court
of competent jurisdiction finds any of provision of these Terms of Use to be unenforceable,
that provision will be enforced to the maximum extent permissible, and the remainder
of these Terms of Use shall remain in full force and effect. Any failure by Senior
Staff to enforce or exercise any provision of these Terms of Use or any related
right does not constitute a waiver of that right or any other provision. The headings
used in these Terms of Use are included by convenience only and will not limit or
otherwise affect the interpretation of these Terms of Use.
Copyright © 2008, Senior Staff, LLC
Privacy Policy
Senior Staff, LLC, P.O. Box 1454, Ashburn, VA 20146
Phone: (888) 56-STAFF (888-567-8233); Fax: (703) 723-1214