Terms of Use

1. ACCEPTANCE
Welcome to www.twincitystaffing.com (the “Site”). This page (“Notice”) states the terms and conditions of the Site. Please review this Notice carefully and periodically for updates. By accessing, browsing or using the Site (“Use”), all users and viewers (“You,” “you,” “User” or “user”) acknowledge acceptance of the terms and conditions listed in this Notice. If you do not accept the terms and conditions listed in this Notice, please do not use the Site. Twin City Staffing and its subsidiaries (“TCS”) reserve the right to update this Notice, in its sole discretion, at any time. Any updates made to the Policy will be posted here for 30 days for you to review.

2. ELIGIBILITY
The Site and any related services are available to you, provided that you can form legally binding agreements under applicable law. The Site is not available to minors. Please do not use the Site if you are a minor.

3. LICENSE
TCS grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and temporarily download a copy of the material displayed on the Site solely for your personal and non-commercial use for yourself or within your organization. All material displayed or made available on the Site, including, but not limited to, graphics, documents, text, images, sound, video, audio, artwork, software and HTML code (the “Material”) is exclusive property of TCS or its content suppliers. The Material is 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 any other websites or media without TCS’s prior written consent.

All trademarks, service marks and logos (the “Marks”) displayed on the Site are exclusive property of TCS and their respective owners. You shall not use the Marks in any manner without TCS’s and their respective owner’s prior written consent.

4. USER SUBMISSIONS
The Site provides a forum for you to gather career information, submit personal information and resumes (“Submitted Material”) and obtain employment. By submitting or entering your information to the Site, you agree that you grant TCS 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 or create derivative works in any manner, in entirety or a portion of, of your Submitted Material, and by any means.

You acknowledge and accept that TCS is only a passive forum for users to obtain employment and career information. TCS does not screen or monitor any Submitted Material. TCS,

therefore, makes no representation regarding the reliability, accuracy, completeness, validity or truthfulness of any Submitted Material. TCS reserves the right, in its sole discretion, to delete, remove, refuse to display or block any Submitted Material that TCS considers to be unacceptable. In the event TCS receives notification regarding any unacceptable Submitted Material, TCS may investigate such material, in its sole discretion, at any time.

You acknowledge and agree that TCS may retain copies of your Submitted Material and disclose your Submitted Material to a third party if TCS believes that it is necessary to: (i) protect the integrity of the Site; (ii) protect the rights of TCS; (iii) comply with any court order; (iv) comply with any legal proceedings; (v) assert TCS’s claim under this Notice; and (vi) satisfy any claims regarding violations of third party’s rights.

5. GENERAL PROHIBITION
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 or 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) 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 ortransmitting viruses, continuous posting of repetitive material or posting abnormally

   large load;

4. or are not permitted by TCS, including, but not limited to, any unauthorized advertisingmaterial, unsolicited promotional material, “junk mail,” “spam mail,” “chain letters,” pyramid schemes, franchises, distributorship, club membership, sales arrangement or otherwise unacceptable material;

(d) violate other’s privacy rights or personal rights by abusing the Material, including, but not limited to, harassing or “stalking” another person, sending unsolicited e-mails and collecting others’ personal information;
(e) breach or attempt to breach any security measures of the Site;

(f) use any device, process or mechanism to monitor, retrieve, search or access the Site or any Material without TCS’s prior written consent;
(g) access or attempt to access any account or login of any third party listed on the Site;
(h) copy, modify, reproduce, delete, distribute, download, store, transmit, sell, re-sell, publish, reverse engineer or create derivative works of any Material, except for material that has been submitted and is owned by you;

(i) post or submit any inaccurate, false or incomplete information, such as your resume, biographical data or employment information;
(j) impersonate any person or entity;
(k) forge any header information in any electronic posting or mail; or

(l) misrepresent yourself, your affiliation with any third party or your entity.

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

(a) use the Site only 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 material 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 Site; and
(e) bear the risks of any reliance or use of any Material or any information provided by any third party.

7. EMPLOYMENT
You understand and agree that TCS: (a) does not warrant that you will receive any employment 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 material 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, caution and common sense in evaluating any prospective employers and any information provided by any third party.

8. LINKS TO THIRD PARTY
The Site may have links, such as hyperlinks, directing access to third party’s websites (“Linked Sites”). The Linked Sites may not be controlled or monitored by TCS. TCS shall not be responsible for any material, information or content posted on the Linked Sites. The inclusion of the Linked Sites on the Site does not imply any relationship or association between TCS and the owner of the Linked Sites or any endorsement or sponsorship by TCS of the Linked Sites. TCS includes the Linked Sites solely for your convenience. You are solely responsible for your access of the Linked Sites. You shall use your own judgement, caution and common sense in using the Linked Sites.

9. PRIVACY
Please review our Privacy Policy for more information.

10. INDEMNIFICATION
You agree to indemnity, defend and hold TCS, its parents, subsidiaries, affiliates, officers, directors, agents and employees, 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 Site, your Submitted Material or your violation of any terms and conditions of this Notice.

11. DISCLAIMER
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 AN “AS AVAILABLE” BASIS. (B) TCS EXPRESSLY DISCLAIMS 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) TCS EXPRESSLY DISCLAIMS ALL WARRANTIES THAT (I) THE SITE AND ITS MATERIAL WILL BE ERROR-FREE OR VIRUS-FREE; (II) THE SITE WILL BE UNINTERRUPTED AND SECURE; (III) THE SITE WILL BE UNINTERRUPTED AND AVAILABLE AT ALL TIMES; (IV) THE SITE WILL MEET YOUR REQUIREMENTS; AND (V) THE RELIABILITY, ACCURACY, COMPLETENESS, VALIDITY OR TRUTHFULNESS OF ANY SUBMITTED MATERIAL.

12. LIABILITY AND LIMITATIONS OF LIABILITY
YOU AGREE TO ASSUME ALL RISKS ASSOCIATED WITH, ARISING OUT OF OR RESULTING FROM YOUR USE OF THE SITE OR ANY SUBMITTED MATERIAL, 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 TCS, ITS 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 MATERIAL, ANY TRANSACTIONS RELATED TO OR RESULTING FROM YOUR USE OF THE SITE.

YOU FURTHER UNDERSTAND AND AGREE THAT IN NO EVENT TCS, ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, 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 TCS 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, TCS’S AGGREGATE LIABILITY FOR ANY DAMAGES SHALL NOT EXCEED U.S. $10.

13. TERMINATION
TCS has the right, in its sole discretion, to terminate any services of the Site and remove any Material from the Site, at any time. TCS may also terminate your access to any part or all of the services provided by TCS on the Site at any time, with or without cause or notice, for any reason. TCS shall not be responsible for maintaining or returning your Submitted Material. You should always maintain a copy of your Submitted Material.

14. GENERAL

You agree that there is no employment, partnership, agency or joint venture relationship between you and TCS arising out of or resulting from your Use of the Site. This Notice constitutes the entire agreement between you and TCS governing your Use of the Site and is additional to any binding agreement between you and TCS. This Notice is governed by the laws of the State of Minnesota, United States of America, without giving effect to any principles of conflict of laws. TCS does not warrant that this Site will be lawful outside the United States. If you view, access, submit or download material to and from the Site outside the United States, you will be solely responsible for all of your actions and assume all risks. You may not use or export any Material 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 this Notice shall not be deemed as a waiver of such term. Sections 4, 5, 6, 8, 9, 11, 12, 13 and 14 shall survive any termination of this Notice for any reason.

This Notice is effective as of January 1st, 2017. If you have any questions about the Site or Terms of Use, please contact us at:

Twin City Staffing
9766 Fallon Ave, Suite 109
Monticello, MN 55362
(763)220-7052
[email protected]