EQUITY STAFFING GROUP
Terms and Conditions of Use of this Site
(Effective December, 2010) This Web site (“Site”) is provided by Equity Staffing Group. The term “you,” “your” or “yourself” shall refer to the user who is browsing this Site. Please Read These Terms AND CONDITIONS OF USE OF THIS SITE (the “Terms”) Carefully Before Using This Site. they govern your access and use of this site. By accessing or using this site or downloading any materials from this site, you agree to be bound by the folLowing terms and conditions concerning your use of this site. IF YOU DO NOT AGREE WITH OR DO NOT ACCEPT ANY OF THE TERMS, PLEASE EXIT THIS SITE IMMEDIATELY AND REFRAIN FROM ANY FURTHER ACCESS AND USE OF THIS SITE. Changes, Termination Equity Staffing Group reserves the right, at its sole discretion and without advance notice, to change, modify, add or remove all or any portion of this Site or the Terms set forth herein and all policies and guidelines incorporated herein by reference, at any time. Changes to the Terms shall be immediately effective when posted to this Site. Your access to and continued use of thIS Site after any changes are posted shall constitute acceptance of those changes. You agree that Equity Staffing Group may at any time, terminate, change, suspend or discontinue any aspect of this Site, including the availability of any features of this Site or the Site Content (as defined below) at any time. Equity Staffing Group may also impose limits on certain features and services or restrict your access to parts or all of this Site or Site Content without notice to you or liability on the part of Equity Staffing Group. You agree that Equity Staffing Group may at any time terminate the authorization, rights and license granted herein, including your right to access this Site and Site Content. Access to this Site may be monitored by Equity Staffing Group. The provisions in the Terms regarding ownership of Site Content and Site Code (as defined below), confidentiality, disclaimer of warranty, limitation of liability and indemnification shall survive any termination of the Terms. Privacy Policy Equity Staffing Group is concerned about your privacy and has developed a policy to address privacy concerns. Please review the current privacy policy (“Privacy Policy”) by accessing the link from the main page of the Site. Ownership; Copyright and Trademark Information All Site Content and Site Code is the exclusive property of Equity Staffing Group or its licensors. All trademarks, service marks, trade names, trade dress, copyrights, patent rights and other proprietary rights in, associated with or utilized on this Site, the Site Content or Site Code are the properties of Equity Staffing Group or its licensors. The names of other companies and products mentioned herein may be the trademarks or service marks of their respective owners. Nothing in these Terms or any Site Content shall convey to you an ownership interest in any trademarks, service marks, trade names, trade dress, copyrights, patent rights and other proprietary rights in this Site or any Site Content or Site Code. All Site Content and Site Code is Copyright © 2010, Equity Staffing Group and/or subject to the copyright of its licensors or third-party content providers. All rights reserved. “Site Content” means any data, software, text, information, material, statements and images, as well as graphics, interactive features, video and audio, if any, displayed and/or used on this Site. “Site Code” refers to any and all underlying elements of this Site, including, but not limited to, any source code, object code and other sets of statements or instructions that relate to the operation or functions of this Site. Limited License Subject to the terms and conditions set forth herein and subject to your compliance with the Terms, Equity Staffing Group grants you a non-exclusive, non-transferable, terminable, limited right to access and use this Site and Site Content for informational purposes only. Equity Staffing Group authorizes you to view and download Site Content only for your personal, non-commercial use. You agree (a) not to copy, reproduce, republish, upload, create derivative works, post, transmit or distribute (or facilitate someone else in copying, reproducing, uploading, creating derivative works, posting, transmitting or distributing) any Site Content or Site Code to any third party for any purpose; (b) not to alter Site Content or Site Code in any manner or use such Site Content or Site Code in a manner not authorized by the Terms; (c) not to interrupt or attempt to interrupt the operation of this Site in any way; (d) not to place any Site Content or Site Code on a network; and (e) except with Equity Staffing Group’s express written consent, not to frame, link, associate with advertisements or commercially exploit this Site, Site Content or Site Code. In addition, you must retain on all Site Content downloaded, all copyright, trademark, service mark and other proprietary notices contained in such Site Content. Disclaimer Your use of this Site, Site Content, User Content (as defined below) and Site Code is entirely at your own risk. The information posted to this Site and the Site Content may contain inaccuracies and typographical errors. This Site, THE Site Content, USER CONTENT and Site Code are provided “as is” and “as available.” EQUITY STAFFING GROUP expressly disclaims all representations and warranties of any kind relating to your access and/or use of thIS site, the site content, user content and the site code, whether statutory, express or implied, including, but not limited to, the implied warranties of (a) suitability for any particular purpose OR FITNESS FOR A PARTICULAR PURPOSE, (b) merchantability, (c) accuracy and completeness, (d) non-infringement of third-party rights, AND (e) FREEDOM FROM interruption, DELAY, ERRORS, TECHNICAL ERRORS OR UNAUTHORIZED, INJURIOUS INTRUSIONS OR ITEMS, SUCH AS HACKING, VIRUSES AND OTHER HARMFUL COMPONENTS. WARRANTIES, OR ASPECTS OF THEM, THAT ARE, BY LAW, INCAPABLE OF BEING DISCLAIMED IN A PARTICULAR JURISDICTION ARE NOT DISCLAIMED IN THAT JURISDICTION. Copyright Infringement Claims Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to the designated agent. ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. Equity Staffing Group does not knowingly permit anyone to post materials on this Site where such posting would violate copyright or other applicable law, including the Digital Millennium Copyright Act (“DMCA”) (including 17 USC § 512). Equity Staffing Group will process and investigate notices of alleged infringement and will take appropriate actions under the DMCA and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, Equity Staffing Group will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Equity Staffing Group the following information. Please be advised that to be effective, the Notification must include ALL of the following: 1. a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed; 2. a description of the copyrighted work that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the Site; 4. your address, telephone number, and email address and all other information reasonably sufficient to permit Equity Staffing Group to contact you; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and 6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Notices of claimed copyright infringement should be directed to Equity Staffing Group’s designated agent: By mail: Dru Rafferty Equity Staffing Group 188 Inverness Drive West, Suite 310 Englewood, CO 80112 Third Party Sites As a convenience to you, Equity Staffing Group may provide on this Site, links to Web sites operated by third parties, including access to content, products and services that are not maintained or controlled by Equity Staffing Group. Equity Staffing Group has no control over any such third party Web sites, the contents therein or the products/services offered by such third parties. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. You are solely responsible for complying with the terms of use of any such third-party Web site and you shall bear all risks associated with the use of such Web sites. Equity Staffing Group makes no warranty or representation regarding, is not responsible for, and does not endorse, any linked Web sites or the content appearing thereon or any of the products or services described thereon. Links do not imply that Equity Staffing Group or this Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, service mark, trade name, trade dress, logo or copyright symbol or other intellectual property or proprietary right displayed in or accessible through the links, or that any linked site is authorized to use any trademark, service mark, trade name, trade dress, logo or copyright symbol or other intellectual property or proprietary right of Equity Staffing Group or any of its affiliates or subsidiaries. Equity Staffing Group recommends that you read the policies and terms of use posted on other Web sites regarding privacy and other topics before using those sites. Equity Staffing Group is not responsible for any loss or damage of any sort you may incur from accessing any third party sites and/or dealing with any third party. Information/Submission Provided By You Any personally identifiable information you may provide to Equity Staffing Group via this Site is protected and used by Equity Staffing Group as set forth in the Privacy Policy associated with this Site. Equity Staffing Group does not want you to, and you should not, send any confidential or proprietary information to Equity Staffing Group via this Site. You agree that any information or materials that you or individuals acting on your behalf submit or post on the Site or otherwise provide to Equity Staffing Group will not be considered confidential or proprietary. By submitting or posting any information, images or other materials to the Site or otherwise providing any such information, images or other materials to Equity Staffing Group (“User Consent”), you grant to Equity Staffing Group an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, display, publicly perform, transmit and distribute such User Content, and you further agree that Equity Staffing Group is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Equity Staffing Group or that is contained in any User Content. You warrant that you will not provide any User Content to Equity Staffing Group which (a) is defamatory, harassing, threatening, invades privacy, or is obscene or pornographic; (b) infringes the intellectual property rights, including copyrights, of any third party; (c) violates any law or regulation; (d) advocates illegal activity; or (e) advertises or otherwise solicits funds or are a solicitation for goods or services. Equity Staffing Group reserves the right (but assumes no obligation) to delete, move or edit any User Content for any reason. Registration To access certain features of this Site you may be asked to register with us on the forms provided and such registration may require you to provide personally identifying information such as your name, address and email address. You agree that you will register only if you are 13 years or older and to provide true, accurate, current and complete information about yourself as prompted by the applicable registration form. If Equity Staffing Group has reasonable grounds to suspect that such information is untrue, inaccurate or incomplete, Equity Staffing Group reserves the right to suspend or terminate your account and refuse any and all current or future use of this Site (or any portion thereof). Passwords To use certain features of this Site, you will need a user name and password. You will not allow others to use your user name and password and are responsible for maintaining the confidentiality of your password. You are responsible for all activities (whether by you or by others) that occur under your user name and password, including, without limitation, for any posts made using your account. You agree to notify Equity Staffing Group immediately of any unauthorized use of your user name or password or any other breach of security of which you become aware. You agree that Equity Staffing Group will not be liable for any losses or damage caused by your failure to protect your password and for any unauthorized use of your account and you will be liable for the losses of Equity Staffing Group and others due to such unauthorized use. Limitation of Damages IN NO EVENT SHALL EQUITY STAFFING GROUP BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE DAMAGES, OR DAMAGES FOR LOSS OF DATA, PROFITS, REVENUE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER UNDER A CONTRACT, TORT OR ANY OTHER THEORY OF LIABILITY, ARISING IN CONNECTION WITH ANY PARTY’S ACCESS OR USE OF THIS SITE, SITE CONTENT, USER CONTENT AND/OR SITE CODE, IN CONNECTION WITH YOUR INABILITY TO ACCESS OR USE THIS SITE, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE SYSTEM FAILURE, LOSS OF DATA, OR LOSS OF USE RELATED TO THIS SITE OR ANY WEBSITE OPERATED BY ANY THIRD PARTY OR ANY CONTENTS OF THIS SITE OR ANY OTHER WEBSITE, EVEN IF EQUITY STAFFING GROUP IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. Indemnification You agree to defend, indemnify and hold harmless Equity Staffing Group, its officers, directors, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with (i) your access to or use of this Site, (ii) any of your User Content or (iii) breach by you of the Terms. Choice of Law, Notice Regarding State Laws, Jurisdiction, Entire Agreement This Site is controlled, operated and administered by Equity Staffing Group from its offices within the United States of America. This Site, Site Content, and Site Code are appropriate for use in the United States only, and products or services offered through this Site are appropriate or available for use in the United States only. Those who choose to access this Site from locations outside the United States do so on their own initiative and risk. Users located outside the United States should not provide any personal information or personally identifiable information via this Site. By providing personal information to this Site, all users, fully understand and consent to the collection and processing of such information in the United States of America. You may not use this Site or export Site Content in violation of U.S. export laws and regulations. All matters relating to your access to, and use of, this Site shall be governed by the laws of the State of Colorado, without giving effect to its conflict of laws provisions. You agree and represent that you have carefully considered the Terms and that ambiguities, if any, shall not be enforced against the drafter but shall be fairly read so as not to prejudice the rights of Equity Staffing Group. The Terms constitute the entire agreement between Equity Staffing Group and you with respect to the matters contained herein. Any cause of action you may have with respect to the matters contained herein or your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a body with proper jurisdiction finds any provision(s) of the Terms or a portion thereof, to be unenforceable, you and Equity Staffing Group agree (without waiving rights of appeal) that unenforceable provision(s) shall be enforced to the maximum extent permissible so as to affect the intent of the Terms, and the remainder of the Terms shall continue in full force and effect. 043090, 000002, 103656992, Equity Staffing Group – Terms of Use 12-22-2010