Last Updated September 27, 2019
By accessing, visiting, browsing or using the Services, all users and viewers (“you” or “user”), including, but not limited to, customers and contributors of content, information and other materials, acknowledge and accept the terms and conditions listed in this TOU. If you do not accept or desire to be bound by this TOU, then do not access and use the Site.
You must be at least 18 years of age to use the Services. By agreeing to this TOU, you represent and warrant that:
(a) you are at least 18 years of age;
(b) you have not previously been suspended or removed from the Services; and
(c) your registration and your use of the Services is in compliance with all applicable laws and regulations. To access some of the features of our Services, you may be required to register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as an email address or other contact information. You agree that the information you provide is accurate and that you will keep it accurate and up-to-date at all times. When you register, you may be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you are responsible for all actions taken via your account. You may not share your user account(s) with others. Unless you have entered into a separate agreement with us permitting you to use the Services for transactions on behalf of another person, you may only use the Services for transactions on your own behalf. We may, in our sole discretion, refuse to offer access to or use of the Services to any person and change our eligibility criteria at any time.
This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions. You may not transfer or sell your account or account access to another party. You are responsible for all activity of your account.
We grant you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the materials displayed on the Site solely for your personal and non-commercial use. All materials displayed or made available on the Site, including, but not limited to, data code, software, graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code (collectively, the "Material") are the exclusive property of us and our content suppliers. The Materials are protected by U.S. and international copyright laws and any other applicable intellectual property rules, regulations, and laws. Except as expressly permitted herein, you shall not
(i) use, copy, modify, display, delete, distribute, download, store, reproduce, transmit, publish, sell, re-sell, adapt, reverse engineer, or create derivative works of the Material, or
(ii) use the Material on other websites or any other forms of media, e.g., print or digital, without our prior written consent. All trademarks, service marks, and logos, including trade dress and domain names (collectively, the "Trademarks"), displayed on the Site are the exclusive property of Paarop, Inc. and other third party vendors. You shall not use the Trademarks in any manner without express written consent of the Trademarks’ respective owners.
The Site may enable you to upload your resume, cover letter and other types of documentation that may be helpful in your search for temporary assignment, and may also enable you to submit comments and materials through interactive features such as message boards and other forums, and chatting, commenting and other messaging functionality (all such documentation, information, comments, and materials shall be considered “Submitted Materials”). For clarity, you retain ownership of the Submitted Materials, but you hereby grant us with a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, and transferable license with the right to sublicense the Submitted Materials, without additional consideration to you or any third party, with the ability to reproduce, distribute, transfer, publish, perform and display, create derivative works of, adapt, modify and otherwise use and exploit such Submitted Materials, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the Site or otherwise, such Feedback will be deemed Submitted Materials, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place us under any fiduciary or other obligation.
You represent and warrant that you have all rights necessary to grant the licenses granted herein, and that your Submitted Materials, and your provision thereof through and in connection with the Site, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each Submission that you may have under any applicable law under any legal theory.
We may, but have no obligation to, screen, monitor, evaluate and remove any Submitted Materials at any time and for any reason, or analyze your access to and use of the Site. We may disclose information regarding your access to and use of the Site, and the circumstances surrounding such access and use, to anyone for any reason or purpose.
You acknowledge and agree that we may retain copies of your Submitted Materials and disclose your Submitted Materials to a third party if we believe that it is necessary to:
(i) protect the integrity of the Site;
(ii) protect our rights;
(iii) comply with any court order;
(iv) comply with any legal proceedings;
(v) assert any claim we may have against a user under this TOU; and
(vi) satisfy any claims regarding violations of third party's rights.
By using the Services, you agree not to :
upload, post, transmit or store any material that:
(i) is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene or objectionable;
(ii) breaches confidentiality obligations; or
(iii) is not permitted by us, including, advertising materials, unsolicited promotions, junk or spam mail, or otherwise unacceptable materials, to be determined in our sole and absolute discretion;
You understand and agree that use of the Site or acceptance of an assignment or employment through the Site does not create any contractual, employment or other legally recognized relationship with Paarop. You understand and agree that we:
(a) do not warrant that you will receive any employment or job offers through the Site;
(b) shall not be responsible for any employment offers, employment or independent contractor contracts, employment screenings, verifications or background checks, and employment decisions;
(c) shall not be responsible for wages, compensation, benefits, worker’s compensation, disability, on-the-job training or any other obligation, right or privilege you may be entitled to if offered an assignment or employment by a User through the Site;
(d) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by any third parties; (e) shall not be responsible for any materials posted by third parties, including, but not limited to, assignments, job openings and employment listings; and
(e) are neither your employer nor your agent in any regard. Any agreements, contract, job description and job duties for any user hired through using the Services or this Site may be provided by the entity or person engaging the user, but shall not be provided by Paarop. You shall use your own judgment, caution, and common sense in evaluating any prospective employers and any information provided by any third party.
All users acknowledge that we use substantial labor and expend substantial resources to provide the Services. The users represent and warrant that they will not circumvent or attempt to circumvent us or the terms of this TOU, or in any way procure temporary employment services from another user of this Site outside of the Site, without our written consent. Should any user or users be in breach of the warranty in this section, any and all breaching parties shall have their licenses to use the Site immediately revoked. If you become aware of any user circumventing or attempting to circumvent this TOU, please immediately report them to email@example.com.
You agree to indemnify, defend, and hold us harmless, as well as our subsidiaries and affiliates, and each of their respective directors, officers, employees, and agents from any and all claims and demands made by any third party due to or arising out of:
(a) your access to or use of the Services;
(b) your breach of this TOU;
(c) your violation of any law or the rights of a third party;
(d) your willful misconduct; and
(e) any other party’s access to and/or use of the Services using your account and password. If you are using the Site to post assignments and engage a user to perform work, you agree to indemnify, defend, and hold us harmless, as well as our subsidiaries and affiliates, and each of their respective directors, officers, employees, and agents from any and all claims and demands made by a user arising from employment of, or work performed, by the user. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in that case, you agree to corporate with our defense of that claim.
YOU ACKNOWLEDGE AND ACCEPT THAT:
(A) YOU ASSUME ALL RISKS RELATED TO OR RESULTING FROM YOUR USAGE, VIEWING, OR ACCESS OF THE SITE. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS;
(B) WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE;
(C) WE EXPRESSLY DISCLAIM ALL WARRANTIES THAT
Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
You may terminate your account at any time by contacting us at firstname.lastname@example.org. If you terminate your account, you remain obligated to pay any and all outstanding fees, if any, incurred prior to account termination relating to your use of the Services. If you violate any provision of this TOU, your permission to use the Services shall terminate automatically. In addition, we may in our sole discretion terminate, suspend or restrict access to your account at any time for any reason, with or without notice. We may alter, suspend or discontinue the Services or any portion of the Services without notice. We will not be liable whatsoever for any change to the Services or any suspension or termination of your access to or use of the Services. We reserve the right to change this TOU at any time in our sole and absolute discretion. We will make commercially reasonable efforts to notify you of any material changes to this TOU. Your continued use of the Services after updates become effective will represent your agreement to the revised version of this TOU. Your continued use of the Services after the effectiveness of such changes will constitute acceptance of and agreement to any such changes. You waive any right you may have to receive specific notice of such changes to this TOU.
By agreeing to this TOU, you agree to resolve any claim that you may have against us on an individual basis in arbitration, as set forth in the Arbitration Agreement found here email@example.com.
Any dispute arising from or relating to the subject matter of this TOU shall be governed by and construed in accordance with the laws of the State of Texas including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. You agree that the state and federal courts in the County of ___________, State of Texas shall have sole and exclusive jurisdiction and venue for the resolution of all disputes arising under the terms of this TOU and the transactions contemplated herein. You agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or this TOU must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send us a written notice by mail, e-mail or fax, requesting that we remove such material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to:
We suggest that you consult your legal advisor before filing a DMCA notice or counter-notice.
If any part of this TOU is determined to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced with a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this TOU will continue in effect. The section titles in this TOU are solely used for the convenience of the parties and have no legal or contractual significance. We may assign this TOU, in whole or in part, at any time with or without notice to you. You may not assign, transfer or sublicense your rights under this TOU. Our failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. Except as expressly stated herein, this TOU, and all expressly incorporated terms and agreements, constitutes the entire agreement between you and us with respect to the Services and supersedes all prior or contemporaneous communications of any kind between you and us with respect to the Services.