Version date: August 27, 2019
This Software is offered and available to users who are 13 years of age or older. By using this Software, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Software.
Accessing the Software and Account Security
We reserve the right to withdraw or amend this Software, and any service or material we provide through the Software, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Software is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Software, or the entire Software, to users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Software.
- Providing all equipment and software necessary to make (and maintain) a connection to the Internet and ensure it is secure and stable.
- Maintain and update all certificates and contracts as necessary to conduct business with StaffingNation and our end clients, as applicable.
You must prevent unauthorized use of your unique user name and password. You must treat such information as confidential, and you must not disclose it to any unnecessary person or entity. You also acknowledge that your account is personal to you and agree not to provide any unaffiliated person with access to this Software or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Intellectual Property Rights
The Software 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 the Company, its licensors or other third-party 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.
If you wish to make any use of material on the Software other than that set out in the EULA, please address your request to: email@example.com.
The Company name, the terms TargetCW and StaffingNation, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Software are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Software, or which, as determined by us, may harm the Company or users of the Software or expose them to liability.
Additionally, you agree not to:
- Use the Software in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Software, including their ability to engage in real-time activities through the Software.
- Use any robot, spider or other automatic device, process or means to access the Software for any purpose, including monitoring or copying any of the material on the Software.
- Use any manual process to monitor or copy any of the material on the Software or for any other unauthorized purpose without our prior written consent.
- Use any device, software or routine that interferes with the proper working of the Software.
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Software, the server on which the Software is stored, or any server, computer or database connected to the Software.
- Attack the Software via a denial-of-service attack or a distributed denial-of-servicee attack.
- Otherwise attempt to interfere with the proper working of the Software.
The Software may contain profiles and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display or transmit to other users, vendors, clients or other entities (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Software.
We use the Information you share and data we collect about you primarily for the legitimate interest of administering our business; (i) for registration and to manage your profile and listings, including to facilitate your access to and use of StaffingNation; (ii) to enable us to publish your submitted content; (iii) to respond to your questions and requests regarding customization or use of StaffingNation; (iv) to improve our product and service; (v) to resolve disputes and troubleshoot problems; (vii) to prevent prohibited activities or breach of agreements; (viii) to enforce our policies; and as otherwise described to you at the point of collection or as part of our separate service agreements.
With respect to Workers and Candidates, as an onboarding platform, StaffingNation does contain some of their private information which we will respect, keep private, and secure. We may have social security number, date of birth, address, phone number, email, resume, etc. We may utilize this information to send emails, remind workers of deadlines, employee benefits, employment-related laws, W2’s. newsletters, etc. The only entities that may have your information are: TargetCW, a third-party staffing agency (if they found you an engagement), a third-party verification service and the client company with whom you have a working engagement. We also may use your data in order to send you job opportunities or to fill job engagements as requested by the client company.
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 Software.
Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Software.
Without limiting the foregoing, we have the right to fully cooperate 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 Software. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Software, and 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 performance or nonperformance of the activities described in this section.
These content standards apply to any and all User Contributions and use of 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:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote or assist any unlawful act.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holder’s rights. You agree that you will not use our Site or Software to infringe anyone’s intellectual property rights. If a claim of infringement arises due to your possession or your use of the Software, you will be responsible for the investigation, defense, settlement, and discharge of any such claim of intellectual property infringement. We will investigate copyright infringement claims if they are reported to us to: firstname.lastname@example.org.
Reliance on Information Posted
We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Software
We may update the content on this Software from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Software may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Software
ASA Code of Ethics and Good Practices for VMS/Vendor Users
As a condition of membership in the American Staffing Association, each member pledges its support of, and adherence to, the principles and practices set forth below. ASA members acknowledge that such compliance is in the best interests of the staffing services industry, its clients, and its employees. ASA members agree to always strive:
- To comply with all laws and regulations applicable to their business, and to maintain high standards of ethical conduct in the operation of that business and in their dealings with employees, clients, and competitors.
- To treat all applicants and employees with dignity and respect, and to provide equal employment opportunities, based on bona fide job qualifications, without regard to race, color, religion, national origin, sex, age, disability, orientation, or any basis prohibited by applicable law.
- To maintain high standards of integrity in all advertising, and to assign the best- qualified employees to fill clients’ needs.
- To determine the experience and qualifications of applicants and employees as the staffing firm deems appropriate to the circumstances, or as may be required by law.
- To explain to employees prior to assignment their wage rate, applicable benefits, hours of work, and other assignment conditions—and to promptly pay any wages and benefits due in accordance with the terms of their employment and applicable legal requirements.
- To satisfy all applicable employer obligations, including payment of the employer’s share of Social Security, state and federal unemployment insurance taxes, and workers’ compensation—and to explain to employees that the staffing firm is responsible for such obligations.
- To take prompt action to address employee questions, concerns, or complaints regarding unsafe work conditions, discrimination, or any other matter involving the terms and conditions of their employment.
- Determine the experience and qualifications of candidates as appropriate to the circumstances or as required by law and honestly communicate such experience and qualifications to clients.
- Inform candidates and clients of all information relevant to the hiring process, including whether to extend and accept an offer of employment.
- Give proper consideration of the following prevalent issues:
- Candidate Confidentiality: the extent to which candidate information shall remain confidential and the circumstances under which candidate information may be shared with clients.
- Client Confidentiality: maintaining confidentiality regarding clients’ staffing needs, internal operations, business plans, and other client information.
- Placed Candidate Solicitation: whether and when it may be acceptable to solicit for employment opportunities for candidates previously placed by the search and placement firm with a client(s).
- Client Employee Solicitation: whether and when it may be acceptable to solicit clients’ employees for employment opportunities.
- Define Services: so that there is no misunderstanding between the parties, informing clients clearly and conspicuously, through contracts or otherwise, regarding the specific services to be rendered by the search and placement firm, e.g., candidate screening methods, the extent to which reference and background checks will be conducted, etc.
Disclaimer of Warranties
THIS SOFTWARE IS PROVIDED BY STAFFINGNATION AND ANY OF OUR LICENSORS AND/OR OUR THIRD-PARTY SERVICE PROVIDERS “AS IS” AND ON AN “AS AVAILABLE” BASIS. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF OR RELIANCE UPON THE SOFTWARE, ANY THIRD-PARTY CONTENT, AND/OR SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. THIS SOFTWARE IS BEING PROVIDED WITHOUT SUPPORT OR WARRANTIES OF ANY KIND. STAFFINGNATION EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. FURTHERMORE, STAFFINGNATION AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE SOFTWARE OR THIRD-PARTY CONTENT, QUALITY, AND SERVICES WILL MEET YOUR REQUIREMENTS AND/OR EXPECTATIONS; (II) THE SOFTWARE, CONTENT, OR SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (III) ANY ERRORS IN THE SOFTWARE OR THIRD-PARTY CONTENT WILL BE CORRECTED.
Limitation on Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER BASED IN EQUITY, CONTRACT, NEGLIGENCE, OR OTHER TORT ACTION, STRICT LIABILITY, WARRANTY, OR OTHERWISE) SHALL STAFFINGNATION, OUR LICENSORS, OR OUR THIRD- PARTY SERVICE PROVIDERS BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, LOSS OF REVENUE, LOSS OF ANTICIPATED PROFITS, GOODWILL, DIMINUTION OF VALUE, BUSINESS INTERRUPTION COSTS, OR EXEMPLARY AND/OR PUNITIVE DAMAGES ARISING OUT OF A USER’S ACCESS, USE, MISUSE, RELIANCE ON, PERFORMANCE Or MISPERFORMANCE, INTERRUPTION, SUSPENSION, TERMINATION OR INABILITY TO ACCESS THE SOFTWARE. SUCH LIMITATION SHALL APPLY REGARDLESS OF WHETHER OR NOT THE DAMAGES WERE FORESEEABLE OR WHETHER OR NOT STAFFINGNATION WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN THESE JURISDICTIONS, STAFFINGNATION LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. NO CLAIM, SUIT, OR ACTION MAY BE BROUGHT AGAINST US AFTER SIX MONTHS FROM THE UNDERLYING CAUSE OF ACTION.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
Your Comments and Concerns
If you have any questions about our policies, our practices, or the security of the StaffingNation Software, please contact us at email@example.com or by calling (858)810-3000 or:
WMBE Payrolling Inc
Attn: Privacy Office
9475 Chesapeake Dr
San Diego, CA 92123
We will investigate any complaints received and do our best to resolve them with you as soon as possible. You can also submit a user access request which will be processed within 30 days.
All other feedback, comments, requests for technical support and other communications relating to the Software should be directed to: firstname.lastname@example.org