Roth Staffing Website Terms of Use
Effective Date: November 16, 2012
Welcome to the Roth Staffing Companies, L.P., website (the “Site”). Throughout these terms, "Roth Staffing," "we," "us" and "our" refer to Roth Staffing
Companies, L.P., and its divisions, subsidiaries, and affiliates along with their directors, officers, employees, agents, independent contractors and
representatives. Your use of this Site is subject to the following terms and conditions ("Terms of Use"), which you affirmatively accept by using the Site.
Please read these Terms of Use carefully and ensure that you understand them before you use the Site.
We reserve the right to modify the contents of the Site at any time, including the features, availability, or operation of the Site, these Terms of Use,
and/or any policy or notice posted on the Site. You agree to monitor the Site for any changes and that the continued use of the Site following the posting
of any changes signals your understanding of, and agreement, to such changes.
EACH TIME YOU USE THE SITE, THIS AGREEMENT AS IT THEN READS WILL GOVERN YOUR USE. ACCORDINGLY, WHEN YOU USE THE SITE, YOU SHOULD CHECK THE DATE OF THESE
TERMS WHICH APPEAR AT THE TOP OF THIS AGREEMENT AND REVIEW ANY CHANGES SINCE THE LAST VERSION.
Ability to Accept Terms of Use
Each time you use the Site, you signify your agreement, and the agreement of all persons you represent, without limitation or qualification, to be bound by
these Terms of Use, and you represent and warrant that you have the legal authority to agree to and accept these Terms of Use on behalf of yourself and all
persons you represent. If you do not agree with each provision of these Terms of Use, or you are not authorized to agree to and accept these Terms of Use,
you may not use the Site. You also affirm that you are over the age of legal majority, can form legally binding agreements under applicable law, and are
fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use,
and to qualify under, abide by, and comply with these Terms of Use.
Accuracy, Completeness and Timeliness of Information
The Site provides a passive forum for users to obtain employment and career information. Roth Staffing makes no representations or warranties regarding the
effectiveness of the Site or its content in meeting employment or career objectives. By submitting or entering your information to the Site ("Submitted
Information"), you agree that you grant Roth Staffing a perpetual, non-exclusive, irrevocable, royalty free, worldwide license and right, but not the
obligation, to use, copy, modify, display, distribute, download, store, reproduce, transmit, publish, transfer, adapt, create derivative works in any
manner, in entirety or a portion of, of your Submitted Information, and by any means, forever and worldwide. Roth Staffing does not screen or monitor any
Submitted Information. Roth Staffing, therefore, makes no representation regarding the reliability, accuracy, completeness, validity, or truthfulness of
any Submitted Information. Roth Staffing reserves the right, in its sole discretion, to delete, remove, refuse to display, or block any Submitted
Information, discontinue services, remove or alter content, or retract positions at any time without incurring any obligations. You acknowledge and agree
that Roth Staffing may retain copies of your Submitted Information and disclose your Submitted Information to a third party if Roth Staffing believes that
it is necessary to: (i) protect the integrity of the Site; (ii) protect rights of Roth Staffing; (iii) comply with any court order; (iv) comply with any
legal proceedings; (v) assert Roth Staffing’s claim under this Terms of Use; and (vi) satisfy any claims regarding violations of third party's rights. The
Site should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, complete or timely
sources of information.
Use of the Site
Roth Staffing grants 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 for yourself or within your organization. All materials displayed or made
available on the Site, including, but not limited to, graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code
(collectively, the "Material") are exclusive property of Roth Staffing or its 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 web sites or any media, e.g., networking environment, without Roth Staffing’s prior written
consent. All trademarks, service marks, and logos (the "Marks") displayed on the Site are the exclusive property of Roth Staffing and their respective
owners. You shall not use the Marks in any manner without Roth Staffing’s and their respective owners' prior written consent. Roth Staffing neither
warrants nor represents that use of information and/or material from the Site will not infringe rights of third parties not affiliated with Roth Staffing.
Improper use of information provided on the Site and improper use of any hardware or software, including the intent to damage or interfere with the proper
working of the Site or to surreptitiously intercept any system, data or personal information from the Site, is strictly prohibited. You may not interrupt
or attempt to interrupt the operation of the Site in any way and Roth Staffing reserves the right, in its sole discretion, to terminate access to or use of
the Site at any time without notice. Termination of access or use of the Site will not waive or affect any right or relief to which Roth Staffing may be
entitled at law or in equity.
In connection with your use, you agree NOT to: (1) violate any local, state, and federal rules, regulations and statutes, including, but not limited to,
U.S. export laws and regulations, anti-discrimination, or equal opportunity employment laws; (2) infringe any intellectual property and privacy rights,
including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party; (3) breach or attempt to breach any security measures of
the Site; (4) use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Site or any Material without Roth
Staffing’s prior written consent; (5) access or attempt to access any account or login of any third party listed on the Site; (6) copy, modify, reproduce,
delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer, or create derivative works of any Materials, except for materials
that have been submitted and owned by you; (7) post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or
employment information; (8) impersonate any person or entity; (9) forge any header information in any electronic posting or mail; or (10) misrepresent
yourself, your affiliation with any third party, or your entity. You also agree NOT to upload, post, transmit, or store any material that: (1) is unlawful,
offensive, defamatory, fraudulent, deceptive, misleading, harmful, threatening, harassing, obscene, or objectionable; (2) breaches any of your contractual
or confidentiality obligations; (3) disrupts or interferes with the normal operations of the Site, such as posting or transmitting viruses, continuous
posting of repetitive materials, or posting abnormally large load; or (4) is not permitted by Roth Staffing, including, but not limited to, any
unauthorized advertising materials, unsolicited promotional materials, "junk mail," "spam mail," "chain letters," pyramid schemes, franchises,
distributorship, club membership, sales arrangement, or otherwise unacceptable materials.
You may use personal information available on this Site only if you are an authorized user and only for the purposes for which it was provided, including
job placement and similar, employment-related purposes. If you refer a friend or colleague to our site by providing us with their contact information, you
represent that you have their permission to do so. If you do not have their consent to share their contact information, then please do not refer your
friend or colleague to the site. Any use of personal information obtained from this Site by any User must be consistent with these purposes, with the
Privacy Policy posted on this Site, and with any other privacy promises made by Roth Staffing on this Site. Users warrant and represent that personal
information supplied to or obtained from this Site was collected, disclosed to Roth Staffing and otherwise processed only in strict compliance with
applicable law, including privacy and data protection requirements and restrictions. Users warrant and represent that any personal information they access,
manage or maintain on behalf of Roth Staffing is subject to reasonable and appropriate security measures that comply with all applicable laws and include,
at minimum, administrative, physical and technical safeguards that protect against the loss, misuse, or unauthorized access, acquisition, alteration or
destruction of information.
Account and Password
The Site may present you with opportunities to open an account with the Site. It is your sole responsibility to (a) maintain the confidentiality of your
account logon and password; (b) frequently update and revise your password; and (c) promptly notify Roth Staffing if there is any unauthorized use of your
account or any breach of security.
Links
The Site may contain links to other websites maintained by third parties and not owned or operated by Roth Staffing (“Other Sites”). Links to the Other
Sites are provided merely for your convenience. Roth Staffing has not necessarily reviewed all of the information on the Other Sites and is not responsible
for the content of the Other Sites or any information, material, products or services that may be offered through any of these Other Sites. Roth Staffing
is not responsible for any losses, damages, or other liabilities incurred as the result of the use of any of the Other Sites. You are solely responsible
for your access of the Other Sites.
Intellectual Property
Roth Staffing's intellectual property, including trademarks, logos, and service marks as displayed on the Site are registered and unregistered trademarks
of Roth Staffing, its affiliates, its licensors, its content providers, and other third parties. All such trademarks, logos, and service marks are the
property of their respective owners. Nothing on the Site shall be construed as granting by implication, estoppel, or otherwise, any license or right to use
any trademark, logo, or service mark displayed on the Site without the owner's prior written permission, except as otherwise described herein. Roth
Staffing reserves all rights not expressly granted in and to the Site and its content.
DISCLAIMERS
You understand and agree that Roth Staffing (a) does not warrant that you will receive any employment or job offers through the Site; (b) shall not be
responsible for any employment offers, employment screenings, employment decisions, and actual employment presented by third parties; (c) does not
guarantee the accuracy, completeness, validity, or timeliness of information listed by any third parties; (d) shall not be responsible for any materials
posted by third parties, including, but not limited to, job openings and employment listings; and (e) is neither your employer nor your agent in any
regard. You shall use your own judgment and caution in evaluating any prospective employers and any information provided by any third party.
USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE ACCESS TO
THE SITE OR ANY FEATURE OR PART THEREOF AT ANY TIME. ROTH STAFFING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED INCLUDING,
BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITE ARE
NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR
ERROR-FREE; THAT THE SITE WILL BE SECURE; THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITE
WILL BE COMPLETE, ACCURATE, TIMELY, OR AUTHENTIC. IF ANY CONTENT IS DOWNLOADED FROM OR UPLOADED TO THE SITE, IT IS DONE AT USER'S SOLE RISK AND DISCRETION.
EACH USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS/HER COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR UPLOAD OF ANY SUCH MATERIALS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ROTH STAFFING OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY OF ANY KIND. ROTH
STAFFING DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT ON THE SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS,
ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY, AUTHENTICITY, OR OTHERWISE.
LIMITATION OF LIABILITY
YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE SITE OR ANY SUBMITTED MATERIALS, INCLUDING, BUT NOT
LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY DAMAGES, DEALING WITH OTHER USERS OF THE SITE, STRANGERS, MINORS, OR FOREIGN NATIONALS,
AND PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER AGREE TO RELEASE ROTH STAFFING, ITS DIVISIONS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS,
AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, DEMANDS, DAMAGES (DIRECT, INDIRECT, AND CONSEQUENTIAL) OF ANY KIND OR NATURE, KNOWN OR UNKNOWN, ASSOCIATED WITH,
ARISING OUT OF, OR RESULTING FROM YOUR USAGE OF THE SITE, YOUR SUBMITTED MATERIALS, OR ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF THE SITE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES
NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR." IF YOUR STATE HAS A SIMILAR STATUTE, YOU EXPRESSLY AGREE TO WAIVE SUCH STATUTE. YOU FURTHER UNDERSTAND AND AGREE THAT IN
NO EVENT SHALL ROTH STAFFING, ITS DIVISIONS, PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, EMPLOYEES, AND SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, GOODWILL, REVENUE, DATA, OR USE, INCURRED BY YOU OR ANY THIRD PARTY,
WHETHER IN AN ACTION IN CONTRACT, TORT, OR BREACH OR FAILURE OF WARRANTY, EVEN IF ROTH STAFFING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE
EVENT SOME JURISDICTIONS PROHIBIT THE EXCLUSION OF CERTAIN WARRANTIES, THE LIMITATION OF LIABILITY, OR THE DISCLAIMER OF CERTAIN DAMAGES, ROTH STAFFING’S
AGGREGATE LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED U.S. $15.
Indemnification
You agree to indemnify, defend and hold harmless Roth Staffing and its divisions, parents, subsidiaries, affiliates, and their officers, directors,
employees, contractors, agents, licensors, service providers, subcontractors and suppliers, from and against any and all losses, liabilities, expenses,
damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from use of the Site and any violation of these Terms of Use.
If technical disruption of the Site or the systems supporting the Site occurs due to your action or inaction, you agree to be responsible for any and all
losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. Roth
Staffing reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification and, in such
case, you agree to cooperate with Roth Staffing in defense of such matter.
General
The Terms of Use is governed by the laws of the State of California, United States of America, without giving effect to any principles of conflict of laws.
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by either JAMS
Endispute or the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator may be
entered in any court having jurisdiction thereof. The arbitration will be before a single arbitrator. The place of arbitration will be Orange, California,
United States of America. Notwithstanding the foregoing, you or Roth Staffing may seek injunctive relief from an appropriate court located in Orange,
California prior to or during the arbitration. These Terms of Use along with any posted policies or operating rules constitute the entire understanding of
Roth Staffing and you and supersedes any prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect
to the Site. If any provision of these Terms of Use is unlawful, void or unenforceable, the remaining provisions of shall remain in full force.
How to Contact Us
Questions or comments about these Terms of Use or the Site may be directed to:
Roth Staffing Companies, L.P.
450 N. State College Blvd.
Orange, CA 92868
Attn: Marketing
Thank you for visiting our site.
