Last Updated:  September 28, 2019

Terms of Use

This Terms of Service and User Agreement (“Agreement”) is between “you,” the user, and AdvanStaff, Inc., dba AdvanStaff HR, with its corporate headquarters at 8925 West Russell Rd, STE 100,. Las Vegas, NV 89148, and its affiliated companies (all collectively “ASI”, “we,” “us,” or “our”).

This is a legal agreement between you and ASI.  By accessing and using the ASI Website, you acknowledge that you understand and agree to be bound by the terms of this Agreement, as well as our Privacy Policy, and further agree to comply with all applicable laws and regulations.  The content of our Privacy Policy can be found at www.advanstaff.com/privacy-policy/.

THE TERMS OF THIS AGREEMENT CONTAIN WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR POTENTIAL LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY. If you do not agree to the terms of this Agreement, please do not use the ASI Website, the ASI Employee or Manager Portals, or the websites of ASI partners to which the employee and manager portals may link to or share information.

When we use the term “ASI Website” in this Agreement and in our Privacy Policy, we are including within that term and without limitation all content available on, through or otherwise as a part of the ASI website, including past, present and future versions of the ASI website, and including, without limitation any and all versions of: information; brochures; guides; graphics; layout; text; images; audio; video clips; data; design; downloads; interfaces; code and software; compilations; advertising copy; blogs; the “look and feel” of the ASI website; the selection, compilation, assembly and arrangement of the content; and all other materials and content available through or hyperlinked to or from the ASI website, our mobile features of the website, and our social media platforms.

ASI is not responsible if the ASI Website is not accurate, complete or current.  Please do not rely upon the ASI Website.  ASI MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES AS TO THE COMPLETENESS OR ACCURACY OF THE ASI WEBSITE or ASI AFFILIATES, AND IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY AND RELIABILITY OF ANY CONTENT, OPINIONS, ADVICE, OR INFORMATION AVAILABLE ON THE ASI WEBSITE THAT IS OF INTEREST TO YOU.  The ASI Website may well include inaccuracies or errors and is subject to change without notice.

Use of the ASI Website

The ASI Website is the exclusive property of and owned by ASI, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. Subject to your strict compliance with this Agreement, ASI hereby grants to you a limited, personal, revocable, noncommercial, nonexclusive, non-assignable, and nontransferable license to access and view the ASI Website. No other use of the ASI Website is authorized. You agree that you will not use the ASI Website except as expressly permitted in this Agreement and will not sell, resell, copy, transfer, reverse engineer, disassemble, decompile, or create derivative works of the ASI Website.  You agree to use the ASI Website solely for your own personal use in your capacity as an employee of one of our customers or prospective customers. You further agree that you will not, including by use of any robot, scraper, or other data mining technology or process, frame, mask, extract data or other materials from, copy or distribute (in whole or in part) the ASI Website.

You agree that when accessing the ASI Website you will not: (a) use a false name, false email address, or other false identifying information; (b) impersonate anyone or any entity; or (c) otherwise provide information you know to be misleading or inaccurate.

In the event ASI determines, in its sole discretion, that you have violated this Agreement, ASI may block access to your use of the ASI Website, or block the downloading of content from the ASI Website, or pursue any other remedies available to it. That we may, from time to time, waive a breach of this Agreement will not be construed to be a waiver of any succeeding breach.

Trademarks

Trademarks, logos and service marks displayed on the ASI Website (the “Trademarks”) are registered and unregistered trademarks of ASI. ASI does not grant you, and nothing on the ASI Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademarks. Use of any Trademarks as meta-tags for search engines, as keywords to trigger sponsored advertising, or in any other manner not expressly authorized by ASI, is strictly prohibited.

Third Party Links

The ASI Website and other communications from ASI to you may include links, advertisements of other promotions for third party websites, social media platforms, or other third party goods or services. You expressly acknowledge and understand that ASI is not affiliated with such third parties and is not responsible or liable for your use of any such third party sites, goods or services. Your interactions and transactions with third parties found through the ASI Website or ASI communications are solely between you and the third party, not ASI. ASI will not reimburse or indemnify you for any losses you may incur as a result of any such third party dealings.

Disclaimers

THE ASI WEBSITE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

YOU ACKNOWLEDGE AND UNDERSTAND THAT YOUR USE OF THE ASI WEBSITE IS AT YOUR SOLE RISK. ASI DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION ON OR AVAILABLE THROUGH THE ASI WEBSITE IS ACCURATE, COMPLETE, OR USEFUL. YOU ASSUME FULL RESPONSIBILITY AND RISK FOR YOUR USE OF, AND RELIANCE ON, THE ASI WEBSITE. NO OPINION, ADVICE, OR STATEMENT OF ASI, WHETHER MADE ON THE ASI WEBSITE OR OTHERWISE, SHALL CREATE ANY WARRANTY.  ASI NEITHER ENDORSES NOR IS RESPONSIBLE FOR ANY OPINION, ADVICE, INFORMATION, OR STATEMENT MADE OR DISPLAYED ON THE ASI WEBSITE.  ASI SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM SUCH CONTENT OBTAINED ON OR THROUGH THE G&A WEBSITE OR FROM YOUR USE OF THE ASI WEBSITE IN GENERAL.

Limitation of Liability; Remedy

UNDER NO CIRCUMSTANCES SHALL ASI BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY AND/OR INCIDENTAL DAMAGES), INCLUDING, BUT NOT LIMITED TO, LOST PROFITS OR ATTORNEYS’ FEES, ARISING OUT OF OR IN ANY WAY RELATING, DIRECTLY OR INDIRECTLY, TO: (A) THE ASI WEBSITE; (B) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE ASI WEBSITE; (C) YOUR USE OF OR RELIANCE UPON ANY INFORMATION OR CONTENT PROVIDED ON OR VIA THE ASI WEBSITE; (D) ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE ASI WEBSITE; OR (E) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, HARDWARE, SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION.  EACH OF THE FOREGOING DISCLAIMERS APPLIES EVEN IF FORESEEABLE OR EVEN IF ASI HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR DESTRUCTION OF THE G&A WEBSITE). IN NO EVENT WILL ASI BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY.  YOU AND ASI AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE ASI WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OR THE CAUSE OF ACTION IS PERMANENTLY BARRED.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

YOUR SOLE REMEDY FOR DISSATISFACTION WITH ANY PORTION OF THE ASI WEBSITE IS TO STOP USING THE ASI WEBSITE, AND THE SOLE AND EXCLUSIVE MAXIMUM AGGREGATE LIABILITY OF ASI FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) SHALL BE TEN DOLLARS ($10.00).  YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF ASI’S ACTS OR OMISSIONS, THE DAMAGE, IF ANY, CAUSED TO YOU IS NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF THE ASI WEBSITE AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY ASI WEBSITE, MOBILE FEATURE, PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY ASI.

Indemnification

You agree to defend, indemnify and hold harmless ASI and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys’ fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your use of the ASI Website or activities in connection with the ASI Website; (c) your breach of this Agreement or of our Privacy Policy (www.advanstaff.com/privacy-policy/); (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) ASI’s use of your information as permitted under this Agreement, the Privacy Policy, or any other written agreement between you and us. You agree to cooperate fully with ASI in the defense of any claim. Notwithstanding your obligation to indemnify ASI, ASI reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will remain liable for the indemnification obligation. You will not settle any claim without the express written consent of ASI.

Severability

If any provision of this Agreement is unlawful, void or unenforceable, the remaining provisions of this Agreement will remain in effect.

Governing Law

This Agreement is governed by and construed in accordance with the laws of the State of Nevada without giving effect to any principles of conflicts of law, and you irrevocably consent to the jurisdiction of the courts located in Clark County, Nevada for any action arising out of or relating to this Agreement or our Privacy Policy. You agree to be responsible for compliance with all local laws of locations from which you access the ASI Website. A printed version of this Agreement and of our Privacy Policy is admissible in judicial and administrative proceedings.

Modifications to this Agreement

We reserve the right to modify or add to this Agreement at any time without prior notice, and you agree that we may do so.  We will link to the latest version of this Agreement on the home page of the ASI Website, and your use of the ASI Website after we have posted the updated terms constitutes your agreement to these updated terms.  Therefore, you should review this Agreement each time before using the ASI Website. The updated terms will be effective as of the time of posting and will apply to your use of the ASI Website from that point forward.

Assignment

We may assign this Agreement in whole or in part, without notice to or consent from you. You may not assign this Agreement without our prior written consent.

Notice for California Users

This notice is for our California users. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Contact Information

If you would like to contact us, we may be reached at:

AdvanStaff HR
8925 West Russell Rd, STE 100
Las Vegas, NV 89148
702-598-0000
info@advanstaff.com

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