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Terms
of Use
1. Acceptance of Terms
Staffing
Diversity provides a collection of online resources, including classified
ads, forums, and various email services, (referred to hereafter as "the
Service") subject to the following Terms of Use ("Terms"),
which may be updated by Staffing Diversity from time to time without
notice to you. You can review the most current version of the Terms
at: http://www.helpwantedrichmond.com/helpwantedrichmond/termsofuse.php.
By using the Service in any way, you are agreeing to comply with these
Terms. In addition, when using particular Staffing Diversity services,
you shall be subject to any posted guidelines applicable to such services
which may be posted from time to time. All such guidelines or rules
are hereby incorporated by reference into the Terms.
2. Content
You understand
that all postings, messages, text, files, images, photos, video, sounds,
or other materials ("Content") posted on, transmitted through,
or linked from the Service, are the sole responsibility of the person
from whom such Content originated. More specifically, you are entirely
responsible for all Content that you post, email or otherwise make available
via the Service. You understand that Staffing Diversity does not control,
and is not responsible for Content made available through the Service,
and that by using the Service, you may be exposed to Content that is
offensive, indecent, inaccurate, misleading, or otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with,
the use of any Content, that you may not rely on said Content, and that
under no circumstances will Staffing Diversity be liable in any way
for any Content or for any loss or damage of any kind incurred as a
result of the use of any Content posted, emailed or otherwise made available
via the Service.
You acknowledge
that Staffing Diversity does not pre-screen or approve Content, but
that Staffing Diversity shall have the right (but not the obligation)
in its sole discretion to refuse, delete or move any Content that is
available via the Service, for violating the letter or spirit of the
Terms or for any other reason.
You acknowledge
and agree that Staffing Diversity may, in its sole discretion, preserve
or disclose Content, as well as email addresses, IP addresses, timestamps,
and other user information, if required to do so by law or in the good
faith belief that such preservation or disclosure is reasonably necessary
to: comply with legal process; enforce the Terms; respond to claims
that any Content violates the rights of third-parties; or protect the
rights, property, or personal safety of Staffing Diversity, its users
or the general public.
Although
Staffing Diversity does not claim ownership of content that its users
post, by posting Content to any public area of the Service, you automatically
grant, and you represent and warrant that you have the right to grant,
to Staffing Diversity an irrevocable, perpetual, non-exclusive, fully
paid, worldwide license to use, copy, perform, display, and distribute
said Content and to prepare derivative works of, or incorporate into
other works, said Content, and to grant and authorize sublicenses of
the foregoing. Additionally, you will defend and indemnify Staffing
Diversity from any third party claim related to a breach of any of the
foregoing representations and warranties.
Content
displayed on or through the Service is protected by copyright as a collective
work and/or compilation, pursuant to copyrights laws, and international
conventions. You agree not to reproduce, duplicate or copy Content from
the Service, and agree to abide by any and all copyright notices displayed
on the Service.
3. Conduct
You
agree not to post, email, or otherwise make available Content:
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that
is unlawful, harmful, threatening, abusive, harassing, defamatory,
pornographic, libelous, invasive of another's privacy, or harms minors
in any way;
-
that
harasses, degrades, intimidates or is hateful toward an individual
or group of individuals on the basis of religion, gender, sexual orientation,
race, ethnicity, age, or disability;
-
that
impersonates any person or entity, including, but not limited to,
a Staffing Diversity employee, or falsely states or otherwise misrepresents
your affiliation with a person or entity;
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that
includes personal or identifying information about another person
without that person's explicit consent.
-
that
is deceptive, misleading, deceitful, misinformative, or constitutes
"bait and switch";
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that
infringes any patent, trademark, trade secret, copyright or other
proprietary rights of any party, or Content that you do not have a
right to make available under any law or under contractual or fiduciary
relationships.
-
that
constitutes or contains unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters,"
"pyramid schemes," or any other form of solicitation.
-
that
includes links to commercial services or web sites, except as allowed
in "small business ads".
-
that
advertises for sale weapons or explosives; controlled substances (including
but not limited to) tobacco products, alcoholic beverages, pharmaceuticals,
illegal drugs; stolen or counterfeit items; goods or services that
do not in fact exist; items that violate or infringe the rights of
others; any items you do not have the right to sell; any dangerous
items.
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that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
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that
disrupts the normal flow of dialogue with an excessive number of messages
(flooding attack) to the Service, or that otherwise negatively affects
other users' ability to use the Service;
-
that
employs misleading email addresses, or forged headers or otherwise
manipulated identifiers in order to disguise the origin of Content
transmitted through the Service;
Additionally,
you agree not to:
-
contact
anyone who has asked not to be contacted.
-
"stalk"
or otherwise harrass anyone
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collect
personal data about other users for commercial or unlawful purposes.
-
use
automated means, including spiders, robots, crawlers, data mining
tools, or the like to download data from the Service - exception is
made for internet search engines (e.g. Google) and non-commercial
public archives (e.g. archive.org).
4. Limitations
on service
You acknowledge that Staffing Diversity may establish limits concerning
use of the Service, including the maximum number of days that Content
will be retained by the Service, the maximum number and size of postings,
email messages, or other Content that may be transmitted or stored by
the Service, and the frequency with which you may access the Service.
You agree that Staffing Diversity has no responsibility or liability for
the deletion or failure to store any Content maintained or transmitted
by the Service. You acknowledge that Staffing Diversity reserves the right
at any time to modify or discontinue the Service (or any part thereof)
with or without notice, and that Staffing Diversity shall not be liable
to you or to any third party for any modification, suspension or discontinuance
of the Service.
5. Termination
of service
You agree
that Staffing Diversity, in its sole discretion, may delete or deactivate
your account, block your email or IP address, or otherwise terminate
your access to or use of the Service (or any part thereof), immediately
and without notice, and remove and discard any Content within the Service,
for any reason, including, without limitation, if Staffing Diversity
believes that you have acted inconsistently with the letter or spirit
of the Terms. Further, you agree that Staffing Diversity shall not be
liable to you or any third-party for any termination of your access
to the Service. Further, you agree not to attempt to use the Service
after said termination.
6. Dealings
with organizations and individuals
Your interactions
with organizations and/or individuals found on or through the Service,
including payment and delivery of goods or services, and any other terms,
conditions, warranties or representations associated with such dealings,
are solely between you and such organizations and/or individuals. You
agree that Staffing Diversity shall not be responsible or liable for
any loss or damage of any sort incurred as the result of any such dealings.
7. Proprietary
rights
The Service
is protected to the maximum extent permitted by copyright laws and international
treaties. Any reproduction, modification, creation of derivative works
from or redistribution of the Sites is prohibited. Copying or reproducing
the sites or any portion thereof to any other server or location for
further reproduction or redistribution is prohibited. User may not decompile
or disassemble, reverse engineer or otherwise attempt to discover any
source code contained in the Service. Without limiting the foregoing,
you agree not to reproduce, duplicate, copy, sell, resell or exploit
for any commercial purposes, any aspect of the Service. Staffing Diversity
is a registered mark in the U.S. Patent and Trademark Office.
8. Disclaimer
of Warranties / Limitation of Liability
You
understand and agree that:
Staffing
Diversity disclaims all warranties of any kind, whether express or implied.
The Service is provided on an "as is" and "as available"
basis, and you should not rely upon it.
Your use of the Service is at your sole risk, and Staffing Diversity
shall not be liable for any direct, indirect, incidental, special, consequential
or exemplary damages (even if Staffing Diversity has been advised of
the possibility of such damages), resulting from any aspect of your
use of or interaction with the Service.
Any warranty not set forth in this Terms document, including any set
forth by Staffing Diversity employees, will be invalid.
If
any of the above provisions are void under governing law, our liability
shall be limited to the extent permitted by law.
9. Indemnity
You agree to indemnify and hold Staffing Diversity, its officers, and
its employees, harmless from any claim or demand, including reasonable
attorney fees, made by any third party due to or arising out of Content
you submit, post or make available through the Service, your use of
the Service, your violation of the Terms, or your violation of any rights
of another.
10.
General information
The Terms
constitute the entire agreement between you and Staffing Diversity and
govern your use of the Service, superceding any prior agreements between
you and Staffing Diversity. The Terms and the relationship between you
and Staffing Diversity shall be governed by the laws of the State of
California without regard to its conflict of law provisions. You and
Staffing Diversity agree to submit to the personal and exclusive jurisdiction
of the courts located within the city of Richmond Virginia. The failure
of Staffing Diversity to exercise or enforce any right or provision
of the Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms is found by a court of competent jurisdiction
to be invalid, the parties nevertheless agree that the court should
endeavor to give effect to the parties' intentions as reflected in the
provision, and the other provisions of the Terms remain in full force
and effect. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the
Service or the Terms must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
11.
Violations of Terms
Please
report any violations of the Terms, by flagging the posting(s) for review,
or by emailing to abuse@helpwantedrichmond.com
12.
Feedback
We welcome
your feedback on this document in our Guestbook.
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