TERMS & CONDITIONS

TERMS OF USE

1. YOUR AGREEMENT AND ACCEPTANCE OF TERMS OF USE.
Welcome to [www.missionstaffing.com] (the "Website"). This page states the terms and conditions ("Terms of Use") of the Mission Staffing, Inc. Website. Please review these Terms of Use carefully. By accessing, browsing, or using the Website ("Use"), all users and viewers ("You," "you," "User," or "user") acknowledge acceptance of these Terms of Use and confirm your agreement that all use of the Website shall be governed by these Terms of Use. If you do not accept all of these Terms of Use, please do not use the Website.

2. ELIGIBILITY.
The Website and any related services are available to you, provided that you can form legally binding agreements under applicable law. The Website is not available to minors. Minors should not use the Website.

3. LIMITED LICENSE.
Mission Staffing grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a single copy of the materials displayed on the Website solely for your personal and non-commercial use. All materials displayed or made available on the Website, including, but not limited to, graphics, documents, text, images, sound, video, audio, artwork, software, and HTML code (including, without limitation, the "look and feel" of the Website, collectively referred to herein as the "Material") are the exclusive property of Mission Staffing or its content suppliers. The compilation (meaning the collection, arrangement and assembly) of all content on this Website is also the exclusive property of Mission Staffing and protected by United States and international copyright laws. The Materials are protected by United States 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, decipher or create derivative works of the Material, (ii) otherwise use the Material in any way for public or commercial use, (iii) use the Material on any other website or in a networked computer environment for any purpose, or (iv) use the Material on other websites or any media, e.g., networking environment, without Mission Staffing's prior written consent which may be withheld in Mission Staffing's sole discretion. You shall not copy or adapt the HTML code that Mission Staffing creates to generate its pages on this Website. Such code is protected by Mission Staffing's copyright.

All trademarks, service marks, and logos (the "Marks") displayed on the Website are exclusive property of Mission Staffing and its respective owners. You shall not use the Marks in any manner without Mission Staffing's and its owners' prior written consent which may be withheld in Mission Staffing's or such owners' sole discretion.

4. USER SUBMISSIONS.
By submitting or entering your information to the Website ("Submitted Information"), you agree that you grant Mission 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.

You acknowledge that Mission Staffing does not (and has no obligation to) screen or monitor any Submitted Information. Mission Staffing makes no representation regarding the reliability, accuracy, completeness, validity, or truthfulness of any Submitted Information; and reserves the right, in its sole discretion, to delete, remove, refuse to display, or block any Submitted Materials that Mission Staffing considers to be unacceptable. In the event Mission Staffing receives notification regarding any unacceptable Submitted Information, Mission Staffing may investigate such materials, in its sole discretion; and, in connection therewith, you agree to cooperate with such investigation.

You acknowledge and agree that Mission Staffing may retain copies of your Submitted Information and disclose your Submitted Information to a third party if Mission Staffing believes that it is necessary to: (i) protect the integrity of the Website; (ii) protect rights of Mission Staffing; (iii) comply with any court order; (iv) comply with any legal proceedings; (v) assert Mission Staffing's claim under these Terms of Use; and (vi) satisfy any claims regarding violations of a third party's rights.

5. GENERAL PROHIBITIONS.
In connection with your Use, you agree NOT to:

(a) violate any local, state, and federal rules, regulations and statutes, including, but not limited to, U.S. export laws and regulations, anti-discrimination, and equal opportunity employment laws;

(b) infringe any intellectual property and privacy rights, including, but not limited to, patent, copyright, trademark, or trade secrets, of any third party;

(c) post, transmit, upload, distribute, or store any material that: is unlawful, offensive, defamatory, fraudulent, deceptive, misleading, harmful, abusive, libelous, vulgar, threatening, harassing, obscene, tortious or otherwise objectionable; breaches any of your contractual or confidentiality obligations; in a manner that will infringe the copyright, trademark, trade secret, patent or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; disrupts or interferes with the normal operations of the Website, such as posting or transmitting viruses, continuous posting of repetitive materials, or posting abnormally large load; or are not permitted by Mission 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;

(d) violate other's privacy rights or personal rights by abusing the Materials, including, but not limited to, harassing or "stalking" another person, sending unsolicited e-mails, and collecting other's personal information;

(e) breach or attempt to breach any security measures of the Website;

(f) use any device, process, or mechanism to monitor, retrieve, search, or access, e.g., spider or robot, the Website or any Material without Mission Staffing's prior written consent;

(g) access or attempt to access any account, password or login information of any third party listed on the Website, or delete or modify any material posted on the Website by any other person or entity;.

(h) 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;

(i) post or submit any inaccurate, false, or incomplete information, such as your resume, biographical data, or employment information; post or submit any content you do not have the right to reproduce, display or transmit under any law or contractual arrangement applicable to you; or post any material containing a virus, corrupted data, cancelbot, Trojan Horse, worm, time bomb or other program routine or engine intended to damage, interfere with, interact or expropriate any system, information or data;

(j) impersonate any person or entity, including without limitation, a Mission Staffing employee or agent, an authorized user of Mission Staffing services, a candidate, placement specialist or an employer, or otherwise misrepresent your affiliation with any person or entity.

(k) forge any header information in any electronic posting or mail;

(l) print out or otherwise copy or use any personally identifiable information about candidates for purposes other than consideration of the candidates for potential employment by your company or business;

(m) communicate, send, or place unsolicited e-mail, telephone calls, mailings or other contracts to posting individuals and entities;

(n) register an e-mail address that you do not own or for which you do not have the express permission of the owner to register; or

(o) violate or attempt to violate the security of the Website, including, without limitation: accessing data not intended for such user or logging into or using a server or account that the user is not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; attempting to interfere with service to any user, host or network, including, without limitation, submitting a virus or corrupted data to the Website, overloading, continuous posting or repetitive text, "flooding", "spamming", "mail bombing" or "crashing"; sending unsolicited advertising, promotional materials, e-mail, "junk mail", "chain letters", or any other form of solicitation; or forging any TCP/IP packet header or any part of the header information in any e-mail or posting.

Violations of system or network security may result in civil and/or criminal liability. Mission Staffing will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

In amplification of the foregoing, you may not post or transmit any unsolicited advertising, promotional materials, junk mail, "Spam", chain letters or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise. YOU MAY NOT SPAM OUR MEMBER COMPANIES OR ANY CANDIDATES WHOSE RESUMES MAY APPEAR ON THE WEBSITE. YOU MAY NOT RESPOND TO A JOB LISTING POSTED ON THE WEBSITE OTHER THAN IF YOU ARE APPLYING FOR THAT JOB ON YOUR OWN BEHALF. RECRUITERS AT A COMPANY MAY NOT USE JOB LISTINGS OTHER THAN TO LIST AVAILABLE JOBS AT MEMBER COMPANY.

You may not post any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary) or requires recruitment of others including, but not limited to, members, sub-distributors or subagents.

Taking any action that imposes an unreasonable or disproportionately large load on this Website's infrastructure is strictly prohibited.

IF YOU HAVE A PASSWORD AND LOGIN ACCOUNT, ALLOWING ACCESS TO A NON-PUBLIC AREA OF THIS WEBSITE, DISCLOSING TO OR SHARING YOUR PASSWORD (OR OTHER ACCOUNT INFORMATION) WITH ANY OTHER PERSON OR ENTITY, OR USING YOUR PASSWORD FOR ANY UNAUTHORIZED PURPOSE IS STRICTLY PROHIBITED.

Notwithstanding anything else to the contrary, you shall not attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from Mission Staffing on this Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).

You shall not decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website.

6. SPECIFIC USAGE AND RESPONSIBILITIES.
In addition to the general restrictions listed in Section 5 above, you agree to comply with the following terms.

You further agree to:

(a) use the Website solely for lawful purposes in searching for employment opportunities and career information;

(b) provide and maintain complete, correct, up-to-date, and accurate information on your Submitted Information;

(c) post materials for which you have all the necessary rights or licenses;

(d) use your own judgment, caution, and common sense in managing job opportunities and information offered by or obtained from the Website; and

(e) bear the risks of any reliance or use of any Materials or any information provided by any third party.

7. ACCOUNT AND PASSWORD.
The Website may present you with opportunities to open an account with the Website. If you open an account with the Website, you will receive an account logon and an initial password. 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 Mission Staffing if there is any unauthorized use of your account or any breach of security.

8. NO GUARANTEE OF EMPLOYMENT.
You understand and agree that Mission Staffing (a) does not warrant that you will receive any employment or job offers through the Website; (b) shall not be responsible for any employment offers, employment screenings, employment decisions, and actual employment presented by third parties; (c) as a mere distributor or passive conduit of Submitted Information, does not guarantee (or make any representation or warranty as to) the truthfulness, accuracy, completeness, validity, reliability, or timeliness of or endorse any information listed by any third parties on the Website; (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 and not required to provide any services or act as your advocate on your behalf whether your information is forwarded to a third party or otherwise. Mission Staffing is a mere distributor of information and acts as a conduit only. You shall use your own judgment, caution, and common sense in evaluating any prospective employers and any information provided by Mission Staffing or any third party.

9. THIRD PARTY LINKS.
The Website may have links, such as hyperlinks or buttons, directing access to third party's Websites ("Linked Websites"). The Linked Websites may not be controlled or monitored by Mission Staffing. Mission Staffing shall not be responsible for any materials, information, or content posted on the Linked Websites. The inclusion of the Linked Websites on the Website does not imply any relationship or association between Mission Staffing and the owner of the Linked Websites or any endorsement or sponsorship by Mission Staffing of the Linked Websites. Mission Staffing includes the Linked Websites solely for your convenience. You are solely responsible for your access of the Linked Websites. You shall use your own judgment, caution, and common sense in using the Linked Websites.

10. PRIVACY.
Please click for more details regarding our Privacy Policy which hereby incorporated by reference as if set forth in full herein.

11. INDEMNIFICATION.
You agree to indemnity, defend, and hold Mission Staffing, its parents, subsidiaries, affiliates, officers, directors, agents, employees, and shareholders harmless from any claims or demands of any third party, including, but not limited to, attorneys' fees and legal fees, resulting from or arising out of your Use of the Website, your Submitted Materials, or your violation of any terms and conditions of these Terms of Use.

12. DISCLAIMER.
MISSION STAFFING DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MISSION STAFFING IS NOT RESPONSIBLE FOR YOUR COSTS INCURRED IN CONNECTION WITH THOSE NEEDS.

YOU ACKNOWLEDGE AND ACCEPT THAT: (A) YOU ASSUME ALL RISKS RELATED TO OR RESULTING FROM YOUR USAGE, VIEWING, OR ACCESS OF THE WEBSITE. (B) THE WEBSITE IS PROVIDED ON AN "AS IS" AND AN "AS AVAILABLE" BASIS. (C) MISSION STAFFING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USE, OR TITLE, NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE. (D) MISSION STAFFING EXPRESSLY DISCLAIMS ALL WARRANTIES THAT (I) THE WEBSITE AND ITS MATERIALS WILL BE ERROR-FREE OR VIRUS-FREE OR FREE OF OTHER HARMFUL MECHANISMS; (II) THE WEBSITE WILL BE SECURE; (III) THE WEBSITE WILL BE UNINTERRUPTED AND AVAILABLE AT ALL TIMES; (IV) THE WEBSITE WILL MEET YOUR REQUIREMENTS; AND (V) THE RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY, OR TRUTHFULNESS OF ANY SUBMITTED MATERIALS.

13. LIABILITY AND LIMITATIONS OF LIABILITY; DISCLAIMER OF ALL CONSEQUENTIAL DAMAGES.
YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF, OR RESULTING FROM YOUR USE OF THE WEBSITE OR ANY SUBMITTED MATERIALS, INCLUDING, BUT NOT LIMITED TO, THE RISKS OF FINANCIAL LOSS, PHYSICAL HARM, PROPERTY DAMAGE, DEALING WITH OTHER USERS OF THE WEBSITE, STRANGERS, MINORS, OR FOREIGN NATIONALS, AND PERSONS ACTING UNDER FALSE PRETENSE. YOU FURTHER AGREE TO RELEASE MISSION STAFFING, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, SHAREHOLDERS, 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 USE OF THE WEBSITE, YOUR SUBMITTED MATERIALS, ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF THE WEBSITE. 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 FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR."

YOU FURTHER UNDERSTAND AND AGREE THAT IN NO EVENT MISSION STAFFING, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, SHAREHOLDERS, AGENTS, EMPLOYEES, AND SUPPLIERS SHALL 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 MISSION 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, MISSION STAFFING'S LIABILITY TO YOU FOR ALL DAMAGES SHALL NOT EXCEED U.S. $10 IN THE AGGREGATE.

14. TERMINATION.
Mission Staffing has the right, in its sole discretion, to terminate any services of the Website and remove any Submitted Materials from the Website. Mission Staffing may also terminate your access to any part or all of the services provided by Mission Staffing on the Website at any time, with or without cause or notice, for any reason. If you want to terminate your account, you may only cease your Use of the Website and notify our Webmaster. Mission Staffing shall not be responsible for maintaining or returning your Submitted Materials, your account, or your logon and password. You should always maintain a copy of your Submitted Materials.

15. NO HEADHUNTERS OR RECRUITING AGENCIES POLICY.
Use of the Website by headhunters, employment placement/outplacement agencies and temporary worker agencies is strictly prohibited. Recruiters and headhunters may not send a candidate's resume to Mission Staffing (whether in response to a posting or otherwise) via the Website.

16. GENERAL.
You agree that there is no employment, partnership, agency, or joint venture relationship between you and Mission Staffing arising out of or resulting from your Use of the Website. These Terms of Use constitute the entire agreement between you and Mission Staffing governing your Use of the Website and is additional to any binding agreement between you and Mission Staffing. This agreement shall be governed by and construed in accordance with and enforced under the laws of the State of New York applicable to agreements to be made and to be performed entirely in that State. You hereby consent to the exclusive jurisdiction of any state or federal court located within the County of New York, State of New York and irrevocably agree that all actions or proceedings arising out of or relating to this agreement shall be litigated in such courts. You accept for yourself and in connection with your properties, generally and unconditionally, the exclusive jurisdiction of the aforesaid courts and waive any defense of forum non conveniens, and irrevocably agree to be bound by any judgment rendered thereby in connection with this agreement. Mission Staffing does not warrant that this Website will be lawful outside the United States. If you view, access, submit, or download materials to and from the Website outside the United States, you will be solely responsible for all your actions and assume all risks. You may not use or export any Materials or make any copy or adaptation in violation of any application laws, rules, or regulations, including, but not limited to, U.S. export laws and regulations. The failure or delay by either party to enforce the terms of these Terms of Use shall not be deemed as a waiver of such terms. Sections 4, 5, 6, 7, 9, 10, 12, 13, 14, 15 and 16 shall survive any termination of these Terms of Use for any reason or your use of the Website. Mission Staffing reserves the right to update these Terms of Use from time to time in its sole discretion. You should review these Terms of Use periodically for updates and changes.

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