As used herein, the terms: (1) “you” and “user” refer to all individuals and/or entities accessing this website for any reason; (2) “Employer” means a person or entity which is accessing the Site to post a job or for any reason related to the purpose of seeking candidates for employment, and/or obtaining temporary employees; (3) “Customer” refers to a person or entity with whom UNITEMP® has an existing arrangement for the provision of services by, and payment to, UNITEMP®; (4) “Employee” means an employee of UNITEMP®; and (5) “Applicant” means a person who is accessing the Site for purposes of seeking employment with UNITEMP® or another employer, and/or who is using the Site for any other purpose related to actual or potential employment and/or career advancement.
Use of Site and Material
The Site is intended for individuals seeking employment; employers, recruiters and other human resource professionals, seeking candidates for employment; Employees in connection with their employment by UNITEMP®; and Customers in connection with their use and agreement for the services of UNITEMP®. You represent and warrant that you will use the Site in a manner consistent with all applicable laws and regulations and solely for the use intended by, and acceptable to, UNITEMP®. UNITEMP® shall be the sole interpreter of the Site’s intended and acceptable use.
UNITEMP® authorizes you to access and use the Site, and to download a single copy of the content available on or from the Site, only for your personal, noncommercial use. You agree that you are responsible for the content of any resume, job posting or other document you post to the Site, and any consequences arising from such posting. UNITEMP® reserves the right to suspend or terminate your authorization to access and/or use, and/or to download content from, the Site, for any reason, at any time, in UNITEMP®‘s sole discretion.
Requirement for Postings and Submissions
Resumes, job postings and other submissions for posting (collectively, “Postings”) to the Site shall not include any of the following:
- hyperlinks or URLs to websites
- advertising or solicitation of business (including, but not limited to, email processors, franchises, club memberships, distributorship or sales representative agency, pyramid or multilevel marketing schemes, Project 21, or anything requiring monetary payment or investment by the User)
- chain letters, opinions or notices, commercial or otherwise
- false, misleading or inaccurate information, or which omits material information
- content or material that infringes the copyright, trademark, trade secret or other intellectual property rights of others
- content which violates the privacy, publicity or other personal rights of others
- sexually explicit or obscene material or content
- anything that is libelous, defamatory, threatening, abusive, harassing or hateful
Postings must contain sufficient detail to convey to the User the nature and requirements of the job opening, and/or the Applicants qualifications for employment or assignment. An Applicant posting a resume must be seeking full-time, part-time, temporary, or contract employment on the individuals own behalf, job postings must be actual openings for traditional W-2 or 1099 employees.
UNITEMP® may monitor Postings on the Site, but is under no obligation to do so. Should UNITEMP® determine that any Posting fails to comply with the foregoing requirements, it may, in its sole discretion and without notice, remove such Posting and/or delete any portion thereof, in whole or in part.
Prohibited Uses and Conduct
Users are prohibited from, and shall not:
- delete or revise any material posted on the Site by any other person or entity
- send unsolicited mail, faxes or email, and/or make unsolicited telephone calls, regarding promotions and/or advertising of products or services to Users
- aggregate, copy or duplicate in any manner any content, information or data available from the Site
- use any device, software, or routine mechanically to “spider”, “scrape” or otherwise extract data posted to the Site, including, but not limited to, resume data extraction programs and job data programs
- frame or link to the Site or to any page, content or information available on the Site
- access or use this Site, or download any content therefrom, to solicit the business of any of our Customers or any Employer, and/or the employment of any UNITEMP® Employee, if you are a competitor of, or offer any of the same products or services as UNITEMP®
Users are prohibited from violating or attempting to violate the security of the Site, including, but not limited to (a) accessing data not intended for such User or logging into a server or account that the User is not authorized to access; (b) taking any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; (c) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (d) attempting to interfere with any service to any User, host or network, including but not limited to, by means of submitting a virus to the Site, “flooding”, “mailbombing” or “crashing”; (e) attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising, accessed from, or in any way making up a part of, the Site; and/or (f) forging any TCP/IP packet header or any part of the header information in any posting or email.
Violations may result in criminal and/or civil liability. UNITEMP® may involve and cooperate with law enforcement to investigate and prosecute such violations.
Registration and Password
You are responsible for maintaining the confidentiality of your user name, password, and if you are a Customer, billing account. You shall be responsible for all uses of your Site registration(s) and password(s), whether or not authorized by you. You agree to immediately notify UNITEMP® of any unauthorized use of your user name, password and/or billing account. UNITEMP® reserves the right, at its sole discretion, to terminate your registration or Customer or Employee Login, at any time and without notice.
Intellectual Property Rights
The contents of the Site, such as text, graphics, images, logos, button icons, software, and other material (collectively, the “Site Content”), are protected under copyright, trademark, and other laws of the United States and other countries, and International treaties. The Site, and all Site Content, are the sole and exclusive property of UNITEMP® and/or its content suppliers. The compilation (i.e., the selection, collection, coordination or arrangement, and assembly) of all content on the Site is the sole and exclusive property of UNITEMP®, and is protected by U.S. and International copyright laws and treaties. Unauthorized use of the Site Content may violate copyright, trademark, patent and other laws. You must retain all copyright, trademark, patent and other proprietary notices contained in the original Site Content on any copy you make of any of the Site Content. You may not sell or modify the Site Content or reproduce, display, publicly perform, distribute, or otherwise use the Site Content in any way for any public or commercial purpose. The use of the Site Content on any other website or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code used to generate web pages on the Site and/or Site Content, which is also protected by UNITEMP®‘s copyright rights.
Limitations Liability and Allocation of Responsibility
Except for information provided to a Customer through that Customer’s login and pursuant to, and as expressly set forth in, an existing services agreement between UNITEMP® and such Customer, UNITEMP® makes no representations and/or warranties about the accuracy, reliability, completeness or timeliness of the Site or the Site Content, software and/or links on the Site, and nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its website, products, services, hiring, experience, employment, recruiting practices or otherwise. The use of the Site and the Site Content is at your own risk. Changes are periodically made to the Site and may be made at any time.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume, job posting or other material contained therein placed by you or your agents in the Site. UNITEMP® does not warrant or guarantee that a resume or job posting will be viewed by any specific number of users, or that it will be viewed by any user, and/or that Postings by Users will result in candidates being hired or positions being filled. UNITEMP® shall not be responsible for any employment decisions, for whatever reason made, made by any entity positing jobs or resumes on the Site.
Exclusions and Limitations of Damages and Warranties Disclaimer
IN NO EVENT SHALL UNITEMP®, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, AND/OR AGENTS BE LIABLE TO ANY USER OR ENTITY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE CONTENT AND/OR FUNCTIONS OF THE SITE OR ANY LINKED WEBSITE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IF ANY OF THE FOREGOING EXCLUSIONS AND LIMITATIONS OF DAMAGES ARE HELD INAPPLICABLE OR UNENFORCEABLE IN WHOLE OR IN PART FOR ANY REASON, THEN UNITEMP®‘S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE SITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE) WILL NOT EXCEED $100.
UNITEMP® DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR THE SITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, UNITEMP® IS NOT RESPONSIBLE FOR THOSE COSTS.
THIS WEBSITE AND ALL OF THE CONTENT ON THIS WEBSITE ARE PROVIDED ON AN “AS-IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. UNITEMP®, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE INFORMATION OR AGAINST INFRINGEMENT.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST ON, OR ACCESS FROM, THE SITE, AND FOR YOUR CONDUCT ON AND OFF THE SITE.
Links to Other Sites
The Site contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by UNITEMP® of the contents on such third party websites. UNITEMP® is not responsible for the content of any linked third party websites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third party websites, you do so at your own risk.
UNITEMP® makes no claims that the Site or any Site Content may lawfully be viewed, accessed or downloaded outside the United States. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Except as expressly provided by UNITEMP® in a particular “Legal Notice” or software license or material on particular web pages of the Site, this Agreement (and, where applicable, your Customer services agreement or employee agreement) constitute the entire agreement between you and UNITEMP®.