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1. ACCEPTANCE.
Welcome to www.buildersstaffinggroup.com (the "Site").
This page ("Notice") states the terms and
conditions of the Site. Please review this Notice carefully.
By accessing, browsing, or using the Site ("Use"),
all users and viewers ("You," "you,"
"User," or "user") acknowledge acceptance
of the terms and conditions listed in this Notice. If
you do not accept the terms and conditions listed in
this Notice, please do not use the Site. Builders Staffing
Group reserves the right to update this Notice from
time to time in its sole discretion. You should review
this Notice periodically for updates and changes.
2. ELIGIBILITY.
The Site and any related services are available to
you, provided that you can form legally binding agreements
under applicable law. The Site is not available
to minors. If you are a minor, please do not use the
Site.
3. LICENSE.
Builders Staffing Group grants you a limited, non-exclusive,
non-transferable, non-assignable, revocable license
to view and temporarily download a copy of the materials
displayed on the Site solely for your personal and non-commercial
use for yourself or within your organization. All materials
displayed or made available on the Site, including,
but not limited to, graphics, documents, text, images,
sound, video, audio, artwork, software, and HTML code
(collectively, the "Material") are exclusive
property of Builders Staffing Group or its content suppliers.
The Materials are protected by U.S. and international
copyright laws and any other applicable intellectual
property rules, regulations, and laws. Except as expressly
permitted herein, you shall not (i) use, copy, modify,
display, delete, distribute, download, store, reproduce,
transmit, publish, sell, re-sell, adapt, reverse engineer,
or create derivative works of the Material, or (ii)
use the Material on other web sites or any media, e.g.,
networking environment, without Builders Staffing Group's
prior written consent.
All trademarks, service marks, and logos (the "Marks")
displayed on the Site are exclusive property of Builders
Staffing Group and their respective owners. You shall
not use the Marks in any manner without Builders Staffing
Group's and their respective owners' prior written consent.
4. USER SUBMISSIONS.
The Site provides a forum for you to obtain employment
and career information. By submitting or entering your
information to the Site ("Submitted Material"),
you agree that you grant Builders Staffing Group a perpetual,
non-exclusive, irrevocable, royalty free, worldwide
license and right, but not the obligation, to use, copy,
modify, display, distribute, download, store, reproduce,
transmit, publish, transfer, adapt, create derivative
works in any manner, in entirety or a portion of, of
your Submitted Material, and by any means, forever and
worldwide.
You acknowledge and accept that Builders Staffing Group
is only a passive forum for users to obtain employment
and career information. Builders Staffing Group does
not screen or monitor any Submitted Materials. Builders
Staffing Group, therefore, makes no representation regarding
the reliability, accuracy, completeness, validity, or
truthfulness of any Submitted Materials. Builders Staffing
Group reserves the right, in its sole discretion, to
delete, remove, refuse to display, or block any Submitted
Materials that Builders Staffing Group considers to
be unacceptable. In the event Builders Staffing Group
receives notification regarding any unacceptable Submitted
Materials, Builders Staffing Group may investigate such
materials, in its sole discretion.
You acknowledge and agree that Builders Staffing Group
may retain copies of your Submitted Materials and disclose
your Submitted Materials to a third party if Builders
Staffing Group believes that it is necessary to: (i)
protect the integrity of the Site; (ii) protect rights
of Builders Staffing Group; (iii) comply with any court
order; (iv) comply with any legal proceedings; (v) assert
Builders Staffing Group's claim under this Notice; and
(vi) satisfy any claims regarding violations of third
party's rights.
5. GENERAL PROHIBITION.
In connection with your Use, you agree NOT to:
(a) violate any local, state, and federal rules, regulations
and statutes, including, but not limited to, U.S. export
laws and regulations, anti-discrimination, or equal
opportunity employment laws;
(b) infringe any intellectual property and privacy rights,
including, but not limited to, patent, copyright, trademark,
or trade secrets, of any third party;
(c) upload, post, transmit, or store any material that:
is unlawful, offensive, defamatory, fraudulent, deceptive,
misleading, harmful, threatening, harassing, obscene,
or objectionable;
breaches any of your contractual or confidentiality
obligations;
disrupts or interferes with the normal operations
of the Site, such as posting or transmitting viruses,
continuous posting of repetitive materials, or posting
abnormally large load; or
are not permitted by Builders Staffing Group, including,
but not limited to, any unauthorized advertising materials,
unsolicited promotional materials, "junk mail,"
"spam mail," "chain letters," pyramid
schemes, franchises, distributorship, club membership,
sales arrangement, or otherwise unacceptable materials;
(d) violate other's privacy rights or personal rights
by abusing the Materials, including, but not limited
to, harassing or "stalking" another person,
sending unsolicited e-mails, and collecting other's
personal information;
(e) breach or attempt to breach any security measures
of the Site;
(f) use any device, process, or mechanism to monitor,
retrieve, search, or access, e.g., spider or robot,
the Site or any Material without Builders Staffing Group's
prior written consent;
(g) access or attempt to access any account or login
of any third party listed on the Site;
(h) copy, modify, reproduce, delete, distribute, download,
store, transmit, sell, re-sell, publish, reverse engineer,
or create derivative works of any Materials, except
for materials that have been submitted and owned by
you;
(i) post or submit any inaccurate, false, or incomplete
information, such as your resume, biographical data,
or employment information;
(j) impersonate any person or entity;
(k) forge any header information in any electronic posting
or mail; or
(l) misrepresent yourself, your affiliation with any
third party, or your entity.
6. SPECIFIC USAGE AND RESPONSIBILITIES.
In addition to the general responsibilities listed
in Section 5, you agree to comply with the following
terms.
You further agree to:
(a) use the Site only for lawful purposes in searching
for employment opportunities and career information;
(b) provide and maintain complete, correct, up-to-date,
and accurate information on your submitted information;
(c) post materials for which you have all the necessary
rights or licenses;
(d) use your own judgment, caution, and common sense
in managing job opportunities and information offered
by or obtained from the Site; and
(e) bear the risks of any reliance or use of any Materials
or any information provided by any third party.
7. ACCOUNT AND PASSWORD.
The Site may present you with opportunities to open
an account with the Site. If you open an account with
the Site, you will receive an account logon and an initial
password. It is your sole responsibility to (a) maintain
the confidentiality of your account logon and password;
(b) frequently update and revise your password; and
(c) promptly notify Builders Staffing Group if there
is any unauthorized use of your account or any breach
of security.
8. EMPLOYMENT.
You understand and agree that Builders Staffing Group
(a) does not warrant that you will receive any employment
or job offers through the Site; (b) shall not be responsible
for any employment offers, employment screenings, employment
decisions, and actual employment presented by third
parties; (c) does not guarantee the accuracy, completeness,
validity, or timeliness of information listed by any
third parties; (d) shall not be responsible for any
materials posted by third parties, including, but not
limited to, job openings and employment listings; and
(e) is neither your employer nor your agent in any regard.
You shall use your own judgment, caution, and common
sense in evaluating any prospective employers and any
information provided by any third party.
9. LINKS TO THIRD PARTY.
The Site may have links, such as hyperlinks or buttons,
directing access to third party's web sites ("Linked
Sites"). The Linked Sites may not be controlled
or monitored by Builders Staffing Group. Builders Staffing
Group shall not be responsible for any materials, information,
or content posted on the Linked Sites. The inclusion
of the Linked Sites on the Site does not imply any relationship
or association between Builders Staffing Group and the
owner of the Linked Sites or any endorsement or sponsorship
by Builders Staffing Group of the Linked Sites. Builders
Staffing Group includes the Linked Sites solely for
your convenience. You are solely responsible for your
access of the Linked Sites. You shall use your own judgement,
caution, and common sense in using the Linked Sites.
10. PRIVACY.
With your Use of the Site, Builders Staffing Group
may collect your information. See Section 4 for more
details regarding your submission. In addition to the
potential disclosure of user-identifiable information
as stated in Section 4, Builders Staffing Group may
disclose aggregate information to a third party, such
as general demographics and usage information about
Users. Builders Staffing Group may use cookies to track
your Use, including, but not limited to, registration,
submissions, and information requests. Builders Staffing
Group may also combine your information with other information
available to Builders Staffing Group about you in order
to improve future services and product offerings.
If you register with the Site, Builders Staffing Group
may ask for your contact information, such as name and
email address. You further agree and accept that Builders
Staffing Group may, from time to time, send you automated
email messages or marketing materials regarding its
services, including employment information. You may
opt out of receiving such automated email messages by
either sending an email message to the Help Desk listed
below.
11. INDEMNIFICATION.
You agree to indemnity, defend, and hold Builders Staffing
Group, its parents, subsidiaries, affiliates, officers,
directors, agents, employees, harmless from any claims
or demands of any third party, including, but not limited
to, attorneys' fees and legal fees, resulting from or
arising out of your Use of the Site, your Submitted
Materials, or your violation of any terms and conditions
of this Notice.
12. DISCLAIMER.
YOU ACKNOWLEDGE AND ACCEPT THAT: (A) YOU ASSUME ALL
RISKS RELATED TO OR RESULTING FROM YOUR USAGE, VIEWING,
OR ACCESS OF THE SITE. THE SITE IS PROVIDED ON AN "AS
IS" AND AN "AS AVAILABLE" BASIS. (B)
BUILDERS STAFFING GROUP EXPRESSLY DISCLAIMS ALL WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE
OF DEALING OR USAGE. (C) BUILDERS STAFFING GROUP EXPRESSLY
DISCLAIMS ALL WARRANTIES THAT (I) THE SITE AND ITS MATERIALS
WILL BE ERROR-FREE OR VIRUS-FREE; (II) THE SITE WILL
BE UNINTERRUPTED AND SECURE; (III) THE SITE WILL BE
UNINTERRUPTED AND AVAILABLE AT ALL TIMES; (IV) THE SITE
WILL MEET YOUR REQUIREMENTS; AND (V) THE RELIABILITY,
ACCURACY, COMPLETENESS, VALIDITY, OR TRUTHFULNESS OF
ANY SUBMITTED MATERIALS.
13. LIABILITY AND LIMITATIONS OF LIABILITY.
YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING
OUT OF, OR RESULTING FROM YOUR USE OF THE SITE OR ANY
SUBMITTED MATERIALS, INCLUDING, BUT NOT LIMITED TO,
THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY
DAMAGES, DEALING WITH OTHER USERS OF THE SITE, STRANGERS,
MINORS, OR FOREIGN NATIONALS, AND PERSONS ACTING UNDER
FALSE PRETENSE. YOU FURTHER AGREE TO RELEASE BUILDERS
STAFFING GROUP, ITS PARENTS, SUBSIDIARIES, AFFILIATES,
OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS,
DEMANDS, DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL)
OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED
WITH, ARISING OUT OF, OR RESULTING FROM YOUR USAGE OF
THE SITE, YOUR SUBMITTED MATERIALS, ANY TRANSACTIONS
RELATED TO OR RESULTING FROM YOUR USE OF THE SITE. IF
YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA
CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE
DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF
EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."
YOU FURTHER UNDERSTAND AND AGREE THAT IN NO EVENT BUILDERS
STAFFING GROUP, ITS PARENTS, SUBSIDIARIES, AFFILIATES,
OFFICERS, AGENTS, EMPLOYEES, AND SUPPLIERS SHALL BE
LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL,
SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL,
REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD
PARTY, WHETHER IN AN ACTION IN CONTRACT, TORT, OR BREACH
OR FAILURE OF WARRANTY, EVEN IF BUILDERS STAFFING GROUP
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT SOME JURISDICTIONS PROHIBIT THE EXCLUSION
OF CERTAIN WARRANTIES, THE LIMITATION OF LIABILITY,
OR THE DISCLAIMER OF CERTAIN DAMAGES, BUILDERS STAFFING
GROUP'S AGGREGATE LIABILITY FOR ANY DAMAGES SHALL NOT
EXCEED U.S. $10.
14. TERMINATION.
Builders Staffing Group has the right, in its sole
discretion, to terminate any services of the Site and
remove any Materials from the Site. Builders Staffing
Group may also terminate your access to any part or
all of the services provided by Builders Staffing Group
on the Site at any time, with or without cause or notice,
for any reasons. If you want to terminate your account,
you may only cease your Use of the Site. Builders Staffing
Group shall not be responsible for maintaining or returning
your Submitted Materials, your account, or your logon
and password. You should always maintain a copy of your
Submitted Materials.
15. GENERAL.
You agree that there is no employment, partnership,
agency, or joint venture relationship between you and
Builders Staffing Group arising out of or resulting
from your Use of the Site. This Notice constitutes the
entire agreement between you and Builders Staffing Group
governing your Use of the Site and is additional to
any binding agreement between you and Builders Staffing
Group. This Notice is governed by the laws of the State
of California, United States of America, without giving
effect to any principles of conflict of laws. Builders
Staffing Group does not warrant that this Site will
be lawful outside the United States. If you view, access,
submit, or download materials to and from the Site outside
the United States, you will be solely responsible for
all your actions and assume all risks. You may not use
or export any Materials or make any copy or adaptation
in violation of any application laws, rules, or regulations,
including, but not limited to, U.S. export laws and
regulations. The failure or delay by either party to
enforce the terms of this Notice shall not be deemed
as a waiver of such term. Sections 4, 5, 6, 7, 9, 10,
12, 13, 14, and 15 shall survive any termination of
this Notice for any reasons.
Last updated: December 18, 2002.
Help Desk - If you need more information
regarding the Site or this Notice, please contact:
Email Address
webmaster@buildersstaffinggroup.com
© 2002 Builders Staffing Group | All rights reserved.
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