I understand that the CallBack Staffing Solutions service is to be used for the intended purpose of communicating messages with our members or contacts, SCHEDULING AND EMPLOYEE RESOURCING. i UNDERSTAND THAT THE SERVICE Will not be used for solicitation and/or telemarketing. Use for telemarketing will, at CallBack Staffing Solutions’s sole discretion, result in termination of account and no fees will be refunded. Additionally, client using the service in such manner shall be liable for Federal FCC and FTC fines and any applicable state penalties. i understand that callback staffing cannot GUARANTEE that all, or any, messages will be delivered all of the time. some messages may never reach INTENDED recipients and i understand that using callback staffing messaging services should not be relied upon for mission-critical, time sensitive, or delicate information. further, i understand that callback staffing is not to be used as an emergency dispatching system, and does not provide the reliability that true emergency dispatching systems may offer.
Further, I understand that this service shall not be used to transmit messages that contain profane language and/or other material deemed to be offensive to the recipients or CallBack Staffing Solutions and agree that any use of CallBack Staffing Solutions Service will conform to the Service Agreement as outlined below.
Definition of Unlimited Usage Plans
Certain plans are classified as “unlimited,” which means you can send an unlimited number of messages to a relatively static list of members or recipients, provided, however, that messages conform with all FTC and FCC regulations, and are not considered as “spamming” by your recipients. The following results may result in a plan adjustment or account cancellation by CallBack Staffing Solutions: Frequently changing recipient lists; frequently sending messages that have a high percentage of disconnected numbers; frequent hang-ups by recipients shortly after the call begins; receiving a high percentage of opt-out requests from your recipient or any other circumstance deemed by CallBack Staffing Solutions.
Reference throughout this Service Agreement to “CallBack Staffing Solutions”, “we”, “our” “us” and “CallBack Staffing” are treated identically.
1. YOUR ACCEPTANCE OF THIS SERVICE AGREEMENT AND LIMITED LICENSE
Please read the Service Agreement carefully before using or registering for the CallBack Staffing service. By using or registering for the CallBack Staffing Service, you agree to be bound by the terms and conditions set forth. If you do not wish to be bound by these terms and conditions, you may not access or use the CallBack Staffing Service. You agree to verify that any list of members you send to us or input into our system contains only phone numbers and/or email addresses from individuals that have given you express permission to contact them. Such numbers or addresses are referred to as “opt-in” numbers and addresses, meaning they have opted to give you permission to contact them.
CallBack Staffing grants you a limited, revocable, and nonexclusive license to use CallBack Staffing services to access the messaging services or to review information about our company and the messaging services we provide. As a condition of your use of any of the services, you warrant to CallBack Staffing that you will not use the CallBack Staffing website or messaging services for any purpose that is unlawful or prohibited by the Service Agreement.
The foregoing limited license means that you may NOT: (i) modify, download, or publicly display the CallBack Staffing website, or any portion thereof, or the Content (as defined below) except caching or as necessary to view content; (ii) make any use of the CallBack Staffing website or the Content other than for permissible uses as described in this Service Agreement; (iii) create any derivative work based on either the CallBack Staffing website or the Content; (iv) collect account information for the benefit of another party; (v) use any meta tags or any other ‘hidden text’ utilizing our name or the CallBack Staffing Marks (as defined below) without the express written consent of CallBack Staffing; (vi) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure; or (vii) co-brand, frame, or hyper-link to the CallBack Staffing website, without the express written permission of CallBack Staffing. For purposes of this Service Agreement, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the CallBack Staffing logo or the Content. You agree to cooperate with CallBack Staffing in causing any unauthorized co-branding, framing or hyper-linking immediately to cease.
2. MODIFICATION OF TERMS
We reserve the right to modify and restate the terms and conditions of the Service Agreement, and modification(s) shall be effective immediately upon being posted on the CallBack Staffing website.
Unless explicitly stated otherwise, any new feature that augments or enhances the current CallBack Staffing service, including the release of new CallBack Staffing properties, shall be subject to the Service Agreement.
You understand and agree that the CallBack Staffing service is provided “AS IS” and that CallBack Staffing Solutions assumes no responsibility for the timeliness, deletion, mis-delivery of messages or notifications or failure to store any user communications or personalized information. You understand that time sensitive, urgent or mission critical messages should not depend or rely upon CallBack Staffing service for absolute delivery. you agree that any integrated payroll, time sheet, time accrual or employee scheduling modules may be prone to errors and are not to be relied upon as a sole source employee scheduling / payroll management system.
You are responsible for reviewing these terms and conditions regularly. Your continued use of the CallBack Staffing Service shall be deemed to be your conclusive acceptance of all modifications to the Service Agreement.
4. REGISTRATION INFORMATION
You agree, as a condition of your use of the CallBack Staffing Service, to provide CallBack Staffing with accurate and complete information when registering for or using the CallBack Staffing Service, and to update and maintain such information. CallBack Staffing has the right to suspend, restrict or terminate your use of the CallBack Staffing Service and to refuse any future use of all or portions of the CallBack Staffing Service if CallBack Staffing has reason to believe that you have failed to comply with these requirements.
5. ACCOUNT SECURITY
When you are registered, you are given a username and a password. You are responsible for protecting the confidentiality of your username and password, and are fully responsible for all activities that occur under your username and password.
You agree to immediately notify CallBack Staffing of any loss, compromise or unauthorized use of your username and / or password or any other breach of security. You may notify CallBack Staffing by sending an email to us via the contact page at www.callbackstaffing.com
Prohibited violations of the security of the messaging services include, but are not limited to, the following:
(a) Attempting to log into or otherwise obtaining or seeking to obtain unauthorized access to any account or computer system. This includes, for example: (i) accessing data or information not intended for you or your use, (ii) attempting to probe, scan, or test the vulnerability of the messaging services, and (iii) tampering, hacking, modifying or otherwise corrupting, circumventing or breaching security or authentication measures without proper authorization.
(b) Interfering with or attempting to interfere with the messaging services to any user, host, or network, by use of any program, script, command, or otherwise, including, overloading, “flooding,” or “crashing” any computer system, or causing a user’s screen to “scroll” faster than the user is able to follow to type to it, “trapping” users at any URL or site, or taking any action that has a similarly disruptive effect as any of the foregoing.
(c) Transmitting material that contains viruses, trojan horses, worms, time bombs, cancelbots or any other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the Messaging Services.
(d) Interfering with, intercepting or expropriating any system, data or information.
6. CONSENT TO RECORD YOUR VOICE INPUTS
You agree and consent that CallBack Staffing may record the oral or voice communications, utterances, conversations or commands (“Voice Inputs”) made by you during the use of the CallBack Staffing Service. By using the CallBack Staffing Service, you expressly consent and grant to CallBack Staffing the right to record and use your Voice Inputs. If you do not want your Voice Inputs recorded or used, you may not use the CallBack Staffing Service.
7. NON-COMMERCIAL PERSONAL USE
CallBack Staffing offers service plans for commercial use ony. Users can find plan details, including restrictions and pricing, at www.callbackstaffing.com.
Commercial clients may use the message service to reach, inform and notify members, employees, players, students, events and issues important to the organization.
Users who attempt to use any of the packages outside the scope of their plan will be subject to re-pricing, retrospectively, at the then current rate.
8. RESTRICTION AND MODIFICATION OF SERVICE
You agree that CallBack Staffing may limit your use of the CallBack Staffing Service, including without limitation the frequency and duration for which you may access the CallBack Staffing Service, and that CallBack Staffing has no responsibility or liability for any unavailability or limitation on use of the CallBack Staffing Service. In addition, CallBack Staffing reserves the right at any time to limit: access to, modify, change or discontinue the CallBack Staffing Service, or any part thereof, with or without notice. You agree that CallBack Staffing shall not be liable to you or to any third party for any modification, suspension, unavailability or discontinuance of the CallBack Staffing service. You acknowledge and agree that CallBack Staffing may establish general practices and limits, which may not be published, concerning the use of the CallBack Staffing service, including without limitation the maximum time that messages will be retained, the maximum number of messages that may be sent from or received by an account on the CallBack Staffing Service, the length of message sent and the maximum number of times, and the maximum duration for which you may access the Service, in a given period of time. You agree that CallBack Staffing has no responsibility or liability for the deletion or failure to store any messages and other communications maintained or transmitted by the CallBack Staffing service. You acknowledge that CallBack Staffing reserves the right to terminate any inactive or dormant account(s). You agree and CallBack Staffing reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
You may not modify, license, transfer or sell any information, products or services that you access or obtain from any portion of the CallBack Staffing Service.
9. YOUR CONDUCT
As a condition of your use of the CallBack Staffing Service, you agree and warrant to CallBack Staffing that you will not use the CallBack Staffing Service for any purpose that is unlawful or prohibited by the Service Agreement. You may not use the CallBack Staffing in any manner that could damage, impair, disable or overburden the CallBack Staffing Service, interfere in any way with CallBack Staffing’s rights, interfere in any way with any other User’s use and enjoyment of the CallBack Staffing Service, or otherwise infringe on any person’s rights.
Specifically, you agree and warrant to CallBack Staffing that:
You will follow the letter and spirit of the terms of the Service Agreement and all applicable laws;
You will not use, or attempt to use, the CallBack Staffing Service in connection with any commercial messages, junk messages, spamming, advertising or messages that are duplicative, unsolicited, or promotional in nature;
You will not send, or attempt to send, messages to emergency lines, to any health care facility or similar establishment, to numbers assigned to radio common carrier services, to numbers outside the US and Canada, and, unless granted permission from the recipient, to any service for which the called party is charged for the call; You will not transmit, or attempt to transmit, any material that may infringe the contractual, fiduciary, intellectual property rights, or other rights of third parties, including trademark, copyright or the right of publicity;
You will not impersonate, or attempt to impersonate, any other person, falsify contact information, or caller ID phone number displayed to recipients, misrepresent a relationship with any person or entity, including misrepresenting a relationship with CallBack Staffing, or otherwise attempt to mislead others as to the identity of the sender or the origin of a message;
You will not use, or attempt to use, the CallBack Staffing Service to convey any information that may be considered unlawful, harassing, libelous, abusive, threatening, obscene, hateful, offensive, harmful, vulgar, distasteful, defamatory, or invasive of another person’s privacy or proprietary rights;
Unless a signed reseller agreement is executed between you and CallBack Staffing, you will not resell, or attempt to resell, the use of the CallBack Staffing Service;
You will not collect, or attempt to collect, or store information about the CallBack Staffing Service or other Users, including contact information, without their consent;
You will not interfere, or attempt to interfere, with or disrupt connections to the CallBack Staffing Service or violate the regulations, policies or procedures of such connections;
You will not attempt to gain unauthorized access to the CallBack Staffing Service, other accounts, computer systems or networks connected to the Service.
You agree and CallBack Staffing retains the right, at its sole discretion, to determine whether or not a User’s conduct is consistent with the letter and spirit of the Service Agreement. CallBack Staffing may terminate access to the CallBack Staffing Service if a User’s conduct is found to be inconsistent with this Service Agreement.
10. NO SPAM AND CONSENT TO DAMAGES
You are prohibited from “spamming”, “mailbombing”, or from otherwise transmitting the same or similar unsolicited e-mail messages, bulk commercial advertising, or chain letters to e-mail groups (which are two or more e-mail addressees aggregated as a single email addressee), newsgroups, bulletin boards, or to users that have requested that messages not be sent to them. This prohibition includes, but is not limited to, the following activities:
Sending unsolicited emails;
Collecting responses from mass unsolicited e-mail messages;
Using the messaging service to send unlawful, harmful, harassing, defamatory, threatening, cruel, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind, or any material that exploits children or is invasive of another person’s privacy or other rights or is likely to cause emotional distress (regardless of whether the foregoing is accomplished explicitly, impliedly, suggested through the use of symbols, or through frequency or size of presentation);
Engage in or encourage conduct that would constitute fraud or would violate the laws of any applicable jurisdiction, including, without limitation, laws governing advertising, alcohol, antitrust, child protection, drugs, encryption, exportation, food, financial services, firearms, gambling, importation, information systems, intellectual property, obscenity, privacy, publicity, securities, telecommunications and tobacco;
Offer, solicit, sell, buy, rent, or license any goods, products, services, or information in, from, or to any location in which such activity is unlawful;
Engage in deceptive marketing;
Advocate, promote, or otherwise encourage violence against any government, organization, group, individual or property, or to provide instruction, information, or assistance in causing or carrying out such violence;
“Spoof” or otherwise impersonate any individual or entity, falsely state or otherwise misrepresent your identity or affiliation in any way, or forge, delete or alter any part of TCP/IP packet header or sender identification information in any e-mail or other transmission;
Attempt to intercept, redirect or otherwise interfere with communications intended for others;
Hold CallBack Staffing, our affiliates, officers, employees and/or members up to public scorn or ridicule;
Engage in any activity that would subject us or our service providers to civil or other liability;
Engage in any other activity using the messaging services that we, in our sole discretion, deem to be inappropriate or an abuse of the messaging services;
Misrepresent your relationship with CallBack Staffing;
Assist or permit any persons in engaging in any of the activities described above.
CallBack Staffing has the right to immediately terminate any account that it believes, in its sole discretion, is violating any term of this Service Agreement, including, but not limited to, the foregoing acts.. Because these and other damages are often difficult to quantify, if actual damages cannot be reasonably calculated, then you agree to pay CallBack Staffing liquidated damages as prescribed by law, but not less than $5.00 (calculated as a fraction of reasonable customer acquisition costs for the industry) for each piece of spam, unsolicited message, or other violation of the terms of this Service Agreement, transmitted from or otherwise connected with your account.
11. NO RESPONSIBILITY FOR CONTENT
CallBack Staffing does not guarantee the accuracy, integrity, quality or appropriateness of any messages, communications, information, data, text, music, sound, or other materials (“Content”), whether publicly posted or privately transmitted through the CallBack Staffing Service. You acknowledge that the CallBack Staffing Service simply acts as a passive conduit for the distribution and transmission of information. You acknowledge that CallBack Staffing has no obligation to screen, preview, or monitor such Content. By using the CallBack Staffing Service, you agree that it is solely YOUR RESPONSIBILITY to evaluate the accuracy, usefulness, completeness or appropriateness of any Content that you send, receive, access, post or otherwise transmit through the CallBack Staffing Service, including Content that may be offensive, indecent or objectionable. Under no circumstances will CallBack Staffing be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content sent, accessed, posted or otherwise transmitted via the CallBack Staffing Service.
CallBack Staffing may make identifiable information available to our employees and third parties with whom we contract for use solely to handle your accounts. In addition, CallBack Staffing may provide non-personally identifiable aggregate statistics, unique identifiers, demographic and other anonymous information about our Users to advertisers, service providers, and other third parties. You acknowledge and agree that CallBack Staffing may make such uses of information you provide or CallBack Staffing collects.
While CallBack Staffing is committed to protect your privacy, you acknowledge and agree that CallBack Staffing may disclose any information or Content as described herein, or if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (a) comply with the legal process; (b) respond to claims of a violation of the rights of third parties; or (c) protect the rights, property or safety of CallBack Staffing, its Users or the public. CallBack Staffing shall not be responsible for accidental or inadvertent disclosure, unauthorized access or other disclosure as required by law or described herein.
13. SERVICE PROVIDERS
CallBack Staffing does not endorse and is not responsible or liable for any Content, data, advertising, products or services available or unavailable from, or through, such service providers. You further agree that should you use or rely on such Content, data, advertisement, goods or services on, available or unavailable from, or through any such third party service provider. CallBack Staffing is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of service providers, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such service providers exclusively and do not involve CallBack Staffing.
You agree that CallBack Staffing is not responsible for the accessibility or unavailability of service providers or for your interaction and dealings with them.
You acknowledge the telephone industry limitation for Caller ID. CallBack Staffing sends the Caller ID number (or one of its’ default numbers) to your recipient’s phone, but the name displayed is the responsibility of the local phone company that serves the recipient.
14. SERVICE FEES AND CHARGES
The basic account fees (“Service Fees”) shall be provided at the rates set out in the CallBack Staffing pricing plan at the time of subscription, plus applicable taxes. CallBack Staffing may from time to time modify the Service Fees. You and your members agree that the usage of the text / sms message / alpha pager notification and phone call feature provided by the CallBack Staffing Service may result in additional fees from mobile phone and paging providers. Standard text messaging rates apply as provided in your wireless plan (contact your carrier for pricing plans and details). Charges incurred by the receival of phone calls and / or text (sms) messages by the CallBack Staffing Service are not the responsibility of CallBack Staffing. CallBack Staffing will not be held liable for such charges incurred.
Service Fees shall be paid through checks, honored purchase orders, credit or debit cards or other means as may be printed on invoices or posted on our web site.
Billing may be made by a third party.
The Subscriber shall pay their basic account fees monthly, seasonally or annually in advance at times and rates set out in the pricing plan. Free Trials are limited to the restrictions set in place in the “Demo” plan description.
If you have selected the auto renewal program, you give CallBack Staffing permission to automatically process the payment transaction (whether through debit card, credit card, ACH transfer, or other means) upon the anniversary of the date the account was created (or such later date as CallBack Staffing may implement). The auto renewal program is an “opt in” program and may be selected in conjunction with this Service Agreement, the administrators option menu, or your invoice.
If for any reason payment is not effected through the Subscriber’s credit or debit card and payment becomes past due, CallBack Staffing will assess a late payment charge of 1.5% per month, or 18% annually (or the highest amount allowed by law, whichever is lower) on the amount due. The total amount of the late payment, and the late charge, shall be due and payable immediately. Subscriber is responsible for any fees, including attorney and collection fees that CallBack Staffing may incur in its efforts to collect any Service Fees, surcharges and late payment charges owing from the Subscriber.
CallBack Staffing reserves the right to change the billing process upon providing the Subscriber with 30 days notice in writing.
17. TERM AND TERMINATION and SATISFACTION GUARANTEE
The initial term of the CallBack Staffing service shall be as defined in your rate plan, and shall continue for automatic subscription renewals, thereafter until terminated by either party in accordance with this Service Agreement.
If for any reason the subscription is terminated by the Subscriber, CallBack Staffing will refund the Service Fees on a pro rata basis from the date of such termination to the end of the then current term, or for unused Calls if purchased on a per-call plan, less any set-up charges and reduction in earned volume discounts.
18. LIABILITY DISCLAIMER YOU AGREE THAT:
A. IF YOU USE THE CallBack Staffing SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. THE CallBack Staffing SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CallBack Staffing EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
YOU UNDERSTAND THAT ERRORS IN PROGRAMMING, POLICIES AND OTHER INSTANCES MAY MEAN THAT THE SYSTEM DOES NOT OPERATE 100% ACCURATELY AT ALL TIMES. IT IS UNDERSTOOD THAT IF YOU UTILIZE THE SYSTEM FOR YOUR ACCOUNTING, PAYROLL, OR LABOR MANAGEMENT, THAT THE SYSTEM MAY BE INACCURATE AND OTHER ACCOUNTING MEASURES SHOULD BE PUT IN PLACE. YOU HOLD CALLBACK STAFFING SOLUTIONS LLC HARMLESS OF ANY DAMAGES THAT MAY OCCUR FROM THE USE OF THE SYSTEM.
CallBack Staffing ALSO PROVIDES MESSAGING SERVICES TO COMMERCIAL AND GOVERNMENT EMERGENCY MANAGEMENT AGENCIES. IN THE EVENT OF A CRITICAL EMERGENCY, REGULAR CallBack Staffing MESSAGING SERVICES MAY TEMPORARILY BE PRE-EMPTED.
B. CallBack Staffing DOES NOT WARRANT THAT (I) THE CallBack Staffing SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE CallBack Staffing SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE CallBack Staffing SERVICE WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE CallBack Staffing SERVICE WILL MEET YOUR EXPECTATIONS, (V) ANY INFORMATION YOU PROVIDE OR CallBack Staffing COLLECTS WILL NOT BE DISCLOSED, OR (VI) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. YOU ARE ESPECIALLY ADVISED NOT TO USE OR RELY ON THE CallBack Staffing SERVICE AND INFORMATION OR ANY OTHER PROGRAM, INFORMATION OR SERVICE WHATSOEVER RELATED THERETO FOR “CONTENT SENSITIVE” OR “MISSION CRITICAL” APPLICATIONS AND USE. “CONTENT SENSITIVE” SHALL MEAN ANY INFORMATION OR DATA YOU DO NOT WISH TO BE ACCESSIBLE TO OTHER USERS. “MISSION CRITICAL” APPLICATIONS AND USE SHALL MEAN APPLICATIONS AND USE THAT MAY RESULT IN DAMAGE.
C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE CallBack Staffing SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS.
D. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM CallBack Staffing OR THROUGH OR FROM THE CallBack Staffing SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY AGREE THAT CallBack Staffing SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF CallBack Staffing HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING OR ARISING FROM: (I) THE USE OR INABILITY TO USE THE CallBack Staffing SERVICE; (II) THE COST OF ANY SUBSTITUTE GOODS AND SERVICES PURCHASED TO REPLACE ANY GOODS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE CallBack Staffing SERVICE; (III) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR MESSAGES; (IV) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE CallBack Staffing SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE CallBack Staffing SERVICE. CallBack Staffing’s LIABILITY, IF ANY, ON ANY CLAIM FOR DAMAGES ARISING OUT OF THE SERVICES PROVIDED SHALL BE LIMITED TO DIRECT DAMAGES AND SHALL NOT EXCEED THE AMOUNT WHICH HAS BEEN PAID TO CallBack Staffing NOW FOR THE THREE MONTHS PRIOR TO THE DATE ON WHICH THE CLAIM ARISES. NO ACTION ARISING OUT OF THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION, MAY BE BROUGHT MORE THAN ONE YEAR AFTER THE DATE ON WHICH THE CLAIM ARISES.
You agree to indemnify, defend and hold harmless CallBack Staffing, its officers, directors, owners, employees, agents, other service providers, vendors or customers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees resulting from any violation of the Service Agreement by you or any harm you may cause to anyone. You agree and we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
21. PROPRIETARY RIGHTS
You acknowledge and agree that the CallBack Staffing service and any necessary software used in connection with the CallBack Staffing service and service providers contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor messages or information presented to you through the CallBack Staffing service or sponsors is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not, and agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, or transfer or sell any information, products or services obtained from CallBack Staffing, except as set forth herein. CallBack Staffing, the CallBack Staffing logo and other logos, product and service names may be trademarks, service marks or other intellectual property of CallBack Staffing (the “CallBack Staffing Marks”). You agree not to display or use the CallBack Staffing Marks in any manner without the prior permission of CallBack Staffing.
You agree that CallBack Staffing may communicate any notices to you, including notices of changes to the Service Agreement, through e-mail, regular mail, posting the notices on the CallBack Staffing.com website or playing them to you on the phone through the CallBack Staffing Service.
You further agree to accept e-mail from CallBack Staffing, by setting any email spam filters or blocking software to accept messages from our designated origination addresses sent to you by CallBack Staffing.
23. ENTIRE AGREEMENT
The Service Agreement governs your use of the CallBack Staffing service and constitutes the entire agreement between you and CallBack Staffing. It supersedes any prior agreements between you and CallBack Staffing. Additional terms and conditions may apply when you use the services of service providers and other third parties. These additional terms will not reduce, diminish or eliminate any rights CallBack Staffing possesses with respect to this Service Agreement. Notwithstanding the foregoing, you or your organization or company may have a signed Service Agreement in addition to this Service Agreement. In the event of a conflict, the terms of the signed Service Agreement shall control.
24. GOVERNING LAW AND ARBITRATION
The Service Agreement and the relationship between you and CallBack Staffing shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. 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 CallBack Staffing service or to the terms of this Service Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree to submit any dispute with CallBack Staffing exclusively to final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The location of any arbitration shall be in the city of Grants Pass, Oregon. You agree any arbitrator shall not have the authority to award punitive damages. You agree to be bound by any ruling in such arbitration proceeding and that such ruling shall be enforceable in any court of competent jurisdiction.
Any failure by CallBack Staffing to exercise any rights or enforce any of the terms of this Service Agreement shall not constitute a waiver of such rights or terms. If any portion of the Service Agreement is found by an arbitrator or a court of competent jurisdiction to be invalid, the arbitrator or court should nevertheless give effect to the parties’ intentions expressed herein. All other provisions of the Service Agreement remain in full force and effect.
(c) 2013 CallBack Staffing Solutions, LLC Last modified October 18, 2013