These Terms of Use are entered into between you and Next Generation Staffingware, LLC (“Next Generation,” “we,” or “us”). These Terms, together with any documents expressly incorporated by reference (collectively, the “Terms”), govern your access to and use of this website, other branded websites, web pages, mobile applications, and mobile websites (collectively, the “Site”) owned and operated by us. PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. BY USING THIS SITE, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY, WHICH IS HEREBY INCORPORATED BY REFERENCE. IF YOU DO NOT WANT TO AGREE TO THESE TERMS OR OUR PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE SITE.
This Site is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Site, you represent and warrant that you are of legal age to form a binding contract with the US and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site
The Site enables you to manage staffing needs and allows direct communication between you and your employees and contractors on work assignment availability and work scheduling matters. The Site enables your applicants to register and provide certain pre-employment information.
To be eligible to use the Site, you must have accepted and agreed to the Terms.
Changes to the Terms of Use. We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Site thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.
Your continued use of the Website following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Site and Account Security.
We reserve the right to withdraw or amend this Site and any service or material we provide on the Site, in our sole discretion, without notice. We will not be liable if, for any reason, all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including Registered Users.
You are responsible for both:
To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information to establish an account (“Account”). It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including, but not limited to, through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose or are provided with a username, password, or any other piece of information as part of our security procedures (collectively, “Account Credentials”), you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your Account, Account Credentials, or any other breach of security. You also agree to ensure that you exit from your Account at the end of each session. You agree that you are solely responsible for any act or omission of any users that access the Site using your account or your account credentials.
We have the right to disable any Account and/or Account Credentials, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
Prohibited Uses. You may use the Site only for lawful purposes and in accordance with these Terms. You agree not to use the Site:
Additionally, you agree not to:
Intellectual Property Rights
The Site and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. No right, title, or interest in or to the Site or any content on the Site is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Site not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
You must not modify copies of any materials from this Site, use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text, or delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.
You must not access or use for any commercial purposes any part of the Site or any services or materials available through the Site. Commercial or promotional distribution, publishing or exploitation of the Site or its contents is strictly prohibited.
Copyright Policy
We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Site infringe your copyright, you may request the removal of those materials (or access to them) from the Site by submitting a written notification to our copyright agent designated below. In accordance with the Digital Millennium Copyright Act (“DMCA”), the written notice must include the following: (1) identification of the material you believe in having been infringed; (2) the location of material you believe to be infringing; (3) your name, postal address, telephone number, and email address; (4) a statement signed by you that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent or the law; and (5) a statement signed by you that you believe, under penalty of perjury, that the information in your notice is true and correct and that you are the copyright owner or authorized to act on behalf of the copyright owner.
Our designated copyright agent to receive DMCA notices is:
_______
Next Generation Staffingware, LLC
520 W. 21st Street
Norfolk, VA 23517
info@ngstaffingware.com
If you fail to comply with the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective.
Please be aware that aware if you knowingly materially misrepresent that material or activity on the Sites is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us by submitting a written notification to our copyright agent designated above. Pursuant to the DMCA, the counter notice must comply with the requirements of 512(g)(3) of the DMCA. The DMCA allows us to restore the removed material if the party filing the original DMCA Notice does not file a court action against you within ten business days of receiving a copy of your counter-notification.
We reserve the right to disable and/or terminate the accounts of users who are repeat infringers, as determined by us in our sole discretion.
User Contributions
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Site.
All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the perpetual, irrevocable, worldwide, royalty-free right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
We have the right to
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS Next Generation Staffingware AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review material before it is posted on the Site, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
Changes to the Site
We may update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.
Links from the Site
If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Site is based in the Commonwealth of Virginia in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Additional Terms and Conditions
The Site may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms, the terms and conditions of the other area shall prevail.
Mobile Services
The Next Generation Staffingware Site may offer text messaging services (SMS and MMS) and/or autodialed calls between using the telephone and mobile numbers you and your authorized users provide to Next Generation Staffingware (collectively, “Messaging Services”). When you sign up for Next Generation Staffingware’s text alert program, or otherwise consent to text messages or calls in accordance with these Terms, you are expressly consenting to receive such text messages or calls on behalf of Next Generation Staffingware in the following circumstances:
Next Generation Staffingware does not charge a fee for Messaging Services, but your wireless carrier’s messaging, data, and other rates and fees may apply to your use of the Messaging Services. It is your responsibility to know whether your carrier will charge you per-message costs (for instance, if you do not have an unlimited texting plan or have exceeded your monthly quota of free messages). You are solely responsible for all charges incurred by using the Messaging Services. We are not responsible for any delay or failure in sending or receiving messages through the Messaging Services.
Additional Provisions Applicable to the Mobile App
In order to access our services from your mobile device, you must download and install our mobile application (“Mobile App”) on your mobile device. The terms of your agreement with your wireless carrier will apply when you use the Mobile App. You are solely responsible for all fees, costs, and charges from your wireless carrier that arise in connection with or relating to your access to and use of the Mobile App. You are solely responsible for all costs and charges associated with the download, installation, access, and use of the Mobile App.
Our system may communicate with you in a variety of ways, including but not limited to in-app notifications and push notifications on the Mobile App (“Notifications”). You may opt out of receiving certain Notifications by changing the settings through your mobile device’s operating system. You agree that receipt of Notifications is not guaranteed, that you are responsible for turning this feature on or off, and that receipt of Notifications is dependent on your wireless carrier and/or internet provider. Next Generation Staffingware is not responsible for any delay or failure in sending or receiving Notifications or failure to receive Notifications. If you receive Notifications, your wireless carrier may charge you messaging fees, depending on the data plan you have with your wireless carrier. You are solely responsible for all charges incurred.
Disclaimer
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER Next Generation Staffingware NOR ANY PERSON ASSOCIATED WITH Next Generation Staffingware MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER hNext Generation Staffingware NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, Next Generation Staffingware HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL Next Generation Staffingware, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
Indemnification
You agree to defend, indemnify, and hold harmless Next Generation Staffingware, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Contributions, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.
Governing Law and Jurisdiction
All matters relating to the Site and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Virginia or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Site shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Virginia, in each case located in the City of Norfolk, Virginia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue in such courts.
Arbitration
At our sole discretion, it may require you to submit any disputes arising from these Terms or use of the Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Virginia law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by us of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Next Generation Staffingware, LLC regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: Next Generation Staffingware, LLC, 520 West 21st Street, Norfolk, Virginia 23517, [phone], or [email].
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