ExtendMyStaff is a Venue
The Website is a communications platform for individuals seeking independent contracting opportunities ("Job Seekers") and businesses providing such opportunities ("Job Providers"). ExtendMyStaff provides the Website as a venue where Job Seekers and Job Providers may communicate with one another, but otherwise ExtendMyStaff does not take part in the interaction between Job Seekers and Job Providers. You understand and agree that ExtendMyStaff does not have control over any aspect of the services offered by the Job Seekers or the opportunities offered by the Job Providers.
In the event a Job Seeker and a Job Provider agree to form a relationship, such as in the event a Job Provider hires a Job Seeker to provide services, such agreement is solely between the Job Seeker and the Job Provider; ExtendMyStaff is not a party to any such agreement. ExtendMyStaff will have no role in resolving any issues concerning the relationship between the Job Provider and the Job Seeker, including (without limitation) the services promised or provided by the Job Seeker or any payment obligations of the Job Provider.
ExtendMyStaff makes no representations about, and assumes no responsibility for, the suitability, reliability, timeliness, and accuracy of the services or information provided by users, including Job Providers and Job Seekers, on the Website or in any other public, private or offline interactions. ExtendMyStaff is not responsible for the conduct, whether online or offline, of any user or member of the Website.
By using the Website, you represent, understand and expressly agree to hold ExtendMyStaff harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the Website. You agree to take reasonable precautions in all interactions with other users of the Website, particularly if you decide to meet offline or in person. You agree to report any alleged improprieties of any users to ExtendMyStaff immediately.
EXTENDMYSTAFF MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE SUITABILITY OF ANY USER OR MEMBER OF OUR WEBSITE TO PROVIDE WORK OPPORTUNITIES AS A JOB PROVIDER OR TO PROVIDE SERVICES AS A JOB SEEKER, INCLUDING, WITHOUT LIMITATION, PARTICIPANTS IN ANY THIRD-PARTY VERIFICATION SERVICES THAT MAY BE OFFERED ON OUR WEBSITE.
Accessing the Website, Eligibility and Account Security
By using this Website, you represent and warrant that you are 18 years or older and that you may legally work within the jurisdiction of the United States. The Website is only available to individuals and companies that can form legally binding contracts under applicable law. You represent and warrant that you have the right, authority and capacity to enter into this agreement.
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered members.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete.
Your account is solely for your use. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. If you choose, or you are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You agree to immediately notify ExtendMyStaff of any unauthorized 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.
Payment and Refund Policy for Job Seekers
Job Seekers are obligated to pay for the use of the Website, unless specifically notified otherwise. Job Seekers that sign up agree to pay ExtendMyStaff all charges at the prices then in effect for any use of the Website. In addition, Job Seekers authorize ExtendMyStaff to charge their chosen payment provider for use of the Website. ExtendMyStaff reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
ExtendMyStaff may offer limited-time free trial subscriptions to Job Seekers from time-to-time. Job Seekers who sign up for ExtendMyStaff on a free trial basis may have limited access to the features of the Website. If a Job Seeker continues their subscription after the end of the free trial period, the Job Seeker will be charged the price then in effect for a monthly subscription to ExtendMyStaff's services. To avoid being charged for such services, a Job Seeker with a free trial subscription must cancel their subscription prior to the end of the free trial period.
The subscriptions of Job Seekers will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate, unless specifically notified otherwise. To cancel your subscription, contact ExtendMyStaff or edit your account settings. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires.
No refunds or credits will be provided for account cancellation requests received after the account has been billed. In addition, no refunds will be granted for any donations to third-party organizations that are made while enrolling or using the Website. At ExtendMyStaff's sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific refund guarantee promotions, or to correct any errors made by ExtendMyStaff.
Payment and Refund Policy for Company/Agency Job Providers
ExtendMyStaff may provide certain types of company or agency Job Providers ("Company Recruiters") with the option to post jobs ("Company Job Postings") on the Website. Individual Job Seekers may choose to respond to Company Job Postings by uploading a resume and applying for the posted job. Company Job Postings must represent open positions and must contain sufficient detail to clearly convey the nature and requirements of the job opportunity.
In exchange for posting one or more Company Job Postings, Company Recruiters agree to pay ExtendMyStaff the applicable then-current fees for Company Job Postings, which are published on the Website and/or stated in a purchase order with ExtendMyStaff.
No refunds or credits will be provided for Company Job Posting cancellation requests received after the account has been billed. In addition, no refunds will be granted for any donations to third-party organizations that are made while enrolling or using the Website. At ExtendMyStaff's sole discretion, refunds or credits may be granted in extenuating circumstances or to correct any errors made by ExtendMyStaff.
SMS Text Message Alert Service
ExtendMyStaff may make an SMS text message alert service available to Job Seekers and/or Job Providers. Job Seekers and/or Job Providers who decide to use this service will receive SMS text message notifications on their cellular phones and/or mobile devices. Use of the SMS text message service is voluntary. By deciding to use this service, you give ExtendMyStaff express permission to send SMS text messages to your cellular phone and/or mobile device. Additionally, you represent, understand and expressly agree that ExtendMyStaff does not have control over or assume any responsibility for the quality, accuracy, or reliability of this service. Although ExtendMyStaff does not charge for this service, carrier charges may apply for receiving SMS text messages. You are solely responsible for any costs you incur when receiving SMS text message alerts from ExtendMyStaff.
Intellectual Property Rights
The Website 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 ExtendMyStaff, its 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.
You must not reproduce, sell or exploit for any commercial purposes any part of the Website, access to the Website or use of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: email@example.com
The name ExtendMyStaff, the ExtendMyStaff logo and all related names, logos, product and service names, designs and slogans are trademarks of ExtendMyStaff or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, brands and marks are used for identification purposes only and are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local and international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- To recruit, solicit or contact in any form Job Seekers, Job Providers or other users for employment or contracting for a business not a member of ExtendMyStaff, unless you have ExtendMyStaff's express, prior written permission.
- To collect, either manually or automatically, Job Provider, Job Seeker or other user information, including but not limited to names, addresses, phone numbers, or email addresses.
- To copy copyrighted text or misappropriate Website content, including but not limited to use on a "mirrored," competitive or third-party website.
- To harass, abuse or harm another person, or to contact (for reasons unrelated to the user's posting), advertise to, solicit, or sell to any user without their prior explicit consent.
- To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content set out in these Terms.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter" or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate ExtendMyStaff or an ExtendMyStaff employee, another user, or person or entity (including, without limitation, the use of e-mail 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 Website, or which, as determined by us, may harm ExtendMyStaff or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website 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 Website.
- 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 Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website.
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Website.
The Website may contain interactive features that allow you to post, submit, publish, display or transmit to other users (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms.
Any User Contribution you post to the Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose.
You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant ExtendMyStaff and its affiliates the license granted above.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not ExtendMyStaff, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness.
Any content and/or opinions uploaded, expressed or submitted to the Website, and all articles and responses to questions and other content, other than the content provided by ExtendMyStaff, are solely the opinions and the responsibility of the person or entity submitting them, do not necessarily reflect the opinion of ExtendMyStaff, and should not necessarily be relied upon. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Website.
Assumption of Risk
You assume all risk when using the services provided through the Website, including but limited to all of the risks associated with any online or offline interactions with users or members of the Website. You agree to take all necessary precautions when interacting with other users and members of the Website.
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.
- Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
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 of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS EXTENDMYSTAFF FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY EXTENDMYSTAFF DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER EXTENDMYSTAFF OR LAW ENFORCEMENT AUTHORITIES.
We do not undertake to review all material before it is posted on the Website, 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 non-performance of the activities described in this section of this Agreement.
These content standards apply to any and all User Contributions. 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 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.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
- Give the impression that they emanate from us or any other person or entity, if this is not the case.
If you believe that any User Contributions violate your copyright, please see our Copyright information in this document for instructions on sending us a notice of copyright infringement. It is our policy to terminate the user accounts of repeat infringers.
Reliance on Information Posted
We do not warrant the accuracy, completeness or usefulness of the information presented on or through the Website, whether such information is posted by ExtendMyStaff or by a user or other third-party. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
Information About You; Privacy; Communications
You consent to receive certain communications from us. For example, ExtendMyStaff may send you newsletters, special offers, and customer surveys via email. If you no longer want to receive such communications, click on an "unsubscribe" link in our email communications.
Linking to the Website
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you.
The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the homepage.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
Links from the Website
If the Website contains links to other sites and resources provided by third parties (whether or not framed by ExtendMyStaff), these links are provided for your convenience only, and do not mean that ExtendMyStaff endorses any of the material on such sites or has any association with their operators. 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 Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Disclaimer of Warranties
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 Website for any reconstruction of any lost data. 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 EXTENDMYSTAFF NOR ANY PERSON ASSOCIATED WITH US MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER EXTENDMYSTAFF NOR ANYONE ASSOCIATED WITH EXTENDMYSTAFF 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 WEBSITE 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.
EXTENDMYSTAFF HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL EXTENDMYSTAFF, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR ANY 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.
UNDER NO CIRCUMSTANCES WILL THE AGGREGATE LIABILITY OF EXTENDMYSTAFF, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE WEBSITE OR EXTENDMYSTAFF'S SERVICES, EXCEED THE PRICE PAID BY YOU FOR YOUR MEMBERSHIP AND/OR OTHER EXTENDMYSTAFF SERVICES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
No Joint Venture
Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
Waiver and Severability
Your Comments and Concerns
This Website is operated by ExtendMyStaff, Inc., 2002A Guadalupe St, Austin, TX 78705.
All notices of copyright infringement claims should go to the copyright agent designated in our Copyright information in this document.
All other feedback, comments, requests for technical support and other communications relating to the Website and ExtendMyStaff should be directed to: firstname.lastname@example.org
Thank you for visiting ExtendMyStaff.
Copyright Notice and Take Down Procedures
If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access thereto) from this Website by contacting ExtendMyStaff's copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and were possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) email address.
- A statement that you have a good faith belief that the complained-of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
ExtendMyStaff's agent for copyright issues relating to this Website as follows:
2002A Guadalupe Street
Austin, TX 78705
In an effort to protect the rights of copyright owners, ExtendMyStaff maintains a policy for the termination, in appropriate circumstances, of members and other users of this Website who are repeat infringers.
If you believe that material you posted on the Website was removed, or access to it was disabled, by mistake or misidentification, you may file a counter-notification with us (a "Counter-Notice") by submitting written notification to our copyright agent (identified above). The Counter-Notice must include substantially the following:
- Your physical or electronic signature.
- An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.
- Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address).
- A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.
- A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Website may be found) and that you will accept service from the person (or an agent of that person) who provided the Website with the complaint at issue.
Upon receipt of a Counter-Notice, ExtendMyStaff may restore the removed content if the party that originally requested removal does not file a court action against you within ten business days of receiving a copy of your Counter-Notice.