This Terms of Service Agreement("Agreement") constitutes a legally binding agreement made between you, whether personally or on behalf of an entity ("user" or "you") and StaffUp, LLC and its affiliated companies(collectively, "Company" or "we" or "us" or "our"), concerning your access to and use of the StaffUp Service.
YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS AND ALSO BY CONTINUING TO USE THE SERVICE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, YOU MUST CANCEL THE SERVICE.
2. Access and Services
You may change or discontinue your account at any time. We reserve the right to modify, suspend, or terminate access to the service on our system at any time for any reason without notice or refund including the right to require you to change your login identification code or password.
3. Fees and Payments
We will charge you a standard monthly fee for using our system. You may review the setup and service fees at anytime from the admin site. AT THIS TIME ONLY RECURRING CREDIT CARD PAYMENT IS SUPPORTED
You can cancel your account at any time, but you will remain liable for any charges up to that point, including full monthly charges for the month for which you discontinued service. We reserve the right to change our fees at any time for any reason, but, we will give at least 45 days advance notice of such change.
4. System Rules
You agree to be bound by certain rules that are important for the proper use of this service. Your failure to follow these rules, whether listed below in the contract or in bulletins posted at various points in the system, may result in termination of your services. First, do not tell others your password or let your account be used by anyone except yourself. Second, do not use our system to commit a crime, or to plan, encourage or help others commit a crime, including crimes related to computers.
5. Privacy Consideration
Your communications on this system are, in most cases, viewed only by you and anyone to whom you address your message/notice. However, as system operators, we may need to review or monitor your electronic notifications and other communications from time to time.
6. Propriety Rights
By posting messages, jobs, inputting data, or engaging in any form of communication on our system, is considered the propriety of your organization and can not be used unless granted rights to do so.
Your use of our system affords you access to many features of our system, but some aspects of our system remain within our exclusive propriety control. We or our suppliers own the intellectual propriety rights to any and all protectable components of our system. Including but not limited to the computer software, the related documents, the end-user interfaces, the name of our system, many of the individual features, and the collective works consisting of sequences of all public messages on our system. You may not reproduce any sequence of messages from our system, either electronically or in print, without our permission. In addition, you may not copy, modify, adapt, reproduce, translate, distribute, reverse engineer, decompile or dissemble any aspect of the system that we or our supplier own.
7. Limitation of Liability
You must bear the risk of any liability relating to your use of our system. We would not be able to afford to operate this system if we were held accountable for every wrongful action by every online subscriber. ACCORDIGLY, YOUR USE OF THE ONLINE SYSTEM IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH OUR SYSTEM, YOU USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees), relating to any acts by you or materials or information transmitted by you in connection with our system, leading wholly or partially to claims against us or our system by other subscriber or third parties, regardless of the type of claims or the nature of the cause of action.
9. Disclaimers or Warranty
THE SYSTEM IS PROVIDED “AS IS” AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NONINFRINGEMENT OR ANY OTHER WARRANTY CONDTITION, GUARANTY, OR REPRESENTATION, WHETER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.
10. Choice of Law
You agree that this agreement shall for all purposes be governed by and continued in accordance with the laws of the state of OREGON, and that any action arising out of this Agreement shall be litigated and enforced under the laws of the state of OREGON. In addition, you agree to submit to the jurisdiction of the courts of the state of OREGON and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the state of OREGON.
This agreement represents, the entire understanding between you and us regarding your relationship to Online and supersedes any prior statement or representations. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS STAFFUP SUBSCRIBER AGREEMENT, please respond to the email containing this agreement with “Yes” in the subject or body to acknowledge that you, have agreed.
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