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These Terms of Use were updated effective April 2015.
Understanding your rights and responsibilities as a White Label Staffing user.
This page states the Terms of Use ("Terms") under which you ("You") may use the White Label Staffing, LLC (also known as “WLS”) and the Software and Services (each as defined below). These Terms include the White Label Staffing Privacy Policy, which is incorporated into these Terms by reference.
These Terms constitute a binding agreement between You and WLS or the White Label Staffing company operating the Web site for the country in which You live or in which business is headquartered (“White Label Staffing”), and are deemed accepted by You each time that You use or access any White Label Staffing Site or White Label Staffing Services. If You do not accept the Terms stated here, do not use the White Label Staffing Sites and the White Label Staffing Services.
The White Label Staffing Sites are defined as any Web sites under White Label Staffing’s control, whether partial or otherwise (including, without limitation, WhiteLabelStaffing.com, JobPail.com and the Web site from which these terms of use were accessed from) and include any and all White Label Staffing Services. The White Label Staffing Software and Services are defined as the applications and services offered by White Label Staffing, including an on-line service to post and search employment opportunities and including any application accessed through the Facebook Platform and/or any mobile or other interface that allows You to access such application (collectively, “White Label Staffing Software and Services”). The White Label Staffing Sites also include tools such as JobPail, on-line communities and communication tools designed to facilitate valuable professional and personal networking (“White Label Staffing Networking”) among users of the White Label Staffing Sites (“Users”). The White Label Staffing Sites also allow Users to create individual profiles, which may include personal information (”Profiles”), and to make these Profiles, or aspects thereof, public. In addition, White Label Staffing may collect information about You from publicly-available websites and may use this information to create a Profile or append it to an existing Profile.
White Label Staffing may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You.
Users who violate these Terms may have their access and use of the White Label Staffing Sites suspended or terminated, at White Label Staffing’s discretion.
You must be of legal work age or older to use any White Label Staffing Site in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction, must use any White Label Staffing Site under the supervision of a parent, legal guardian, or other responsible adult.
You may not use the White Label Staffing Content or Profiles to determine a consumer's eligibility for:
White Label Staffing authorizes You, subject to these Terms, to access and use the White Label Staffing Sites and the White Label Staffing Content (as defined below). The contents of the White Label Staffing Sites, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other White Label Staffing content (collectively, "White Label Staffing Content"), are protected under copyright, trademark and other laws. All White Label Staffing Content is the property of White Label Staffing or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content on the White Label Staffing Sites is the exclusive property of White Label Staffing and is protected by copyright, trademark, and other laws. Unauthorized use of the White Label Staffing Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original White Label Staffing Content on any authorized copy You make of the White Label Staffing Content.
Any code that White Label Staffing creates to generate or display any White Label Staffing Content or the pages making up any White Label Staffing Site is also protected by White Label Staffing's copyright and You may not copy or adapt such code.
You agree not to sell or modify the White Label Staffing Content or reproduce, display, publicly perform, distribute, or otherwise use the White Label Staffing Content in any way for any public or commercial purpose, in connection with products or services that are not those of the White Label Staffing Sites, in any other manner that is likely to cause confusion among consumers, that disparages or discredits White Label Staffing or its licensors, that dilutes the strength of White Label Staffing's or its licensor’s property, or that otherwise infringes White Label Staffing's or its licensor’s intellectual property rights. You further agree to in no other way misuse White Label Staffing Content. The use of the White Label Staffing Content on any other application, web site or in a networked computer environment for any purpose is prohibited. Any code that White Label Staffing creates to generate or display any White Label Staffing Content or the pages making up any Application or Service is also protected by White Label Staffing's copyright and you may not copy or adapt such code.
The job posting, resume database (“White Label Staffing Resume Database”) and other features of the White Label Staffing Sites may be used only by individuals seeking employment and/or career information and by employers seeking brand ambassadors. In addition, White Label Staffing/JobPail Networking and Profiles may be used by individuals for permitted professional and personal networking purposes. The term “post” as used herein shall mean information that You submit, publish or display on a White Label Staffing Site.
You are responsible for maintaining the confidentiality of Your account, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your White Label Staffing Site registrations and passwords, whether or not authorized by You. You agree to immediately notify White Label Staffing of any unauthorized use of Your account, Profile, or passwords.
All White Label Staffing Users agree to not:
Violations of system or network security may result in civil and/or criminal liability. White Label Staffing will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
Employers are solely responsible for their postings on White Label Staffing Sites. White Label Staffing is not to be considered to be an employer with respect to Your use of any White Label Staffing Site and White Label Staffing shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any White Label Staffing Site.
You understand and acknowledge that if You cancel Your employer account or Your employer account is terminated, all Your account information from White Label Staffing, including saved resumes, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from White Label Staffing's databases. Information may continue to be available for some period of time because of delays in propagating such deletion through White Label Staffing’s web servers.
In order to protect our White Label Staffing Users from commercial advertising or solicitation, White Label Staffing reserves the right to restrict the number of e-mails which an employer may send to Users to a number which White Label Staffing deems appropriate in its sole discretion. You shall use the White Label Staffing Networking and Profiles in accordance with all applicable privacy and data protection laws.
A Job posting may not contain:
You may not use Your White Label Staffing job posting, White Label Staffing Networking, or Profiles to:
White Label Staffing reserves the right to remove any job posting or content from any White Label Staffing Site, which in the reasonable exercise of White Label Staffing’s discretion, does not comply with the above Terms, or if any content is posted that White Label Staffing believes is not in the best interest of White Label Staffing.
If at any time during Your use of the White Label Staffing Services, You made a misrepresentation of fact to White Label Staffing or otherwise misled White Label Staffing in regards to the nature of Your business activities, White Label Staffing will have grounds to terminate Your use of the White Label Staffing Services.
Use of the White Label Staffing Resume Database by Employers
You shall use the White Label Staffing Resume Database as provided in these Terms and in any contract You have with White Label Staffing. You shall use the White Label Staffing Resume Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from White Label Staffing Resume Database to any third party, unless You are an authorized recruitment agency, staffing agency, advertising or other agency or using the resume explicitly for employment purposes.
You shall take appropriate physical, technical, and administrative measures to protect the data You have obtained from White Label Staffing Resume Database from loss, misuse, unauthorized access, disclosure, alteration or destruction. You shall not share Resume Database seat-based license login credentials with any other party, nor share Resume Database pay-per-view license login credentials with any party.
The White Label Staffing Resume Database shall not be used:
In order to ensure a safe and effective experience for all of our customers, White Label Staffing reserves the right to limit the amount of data (including resume views) that may be accessed by You in any given time period. These limits may be amended in White Label Staffing’s sole discretion from time to time.
When You register with any White Label Staffing Site, You will be asked to create an account and provide White Label Staffing with certain information including, without limitation, a valid email address (Your "Information").
Any Profile You submit must be accurate and describe You, an individual person. The Profile requires standard fields to be completed and you may not include in these fields any telephone numbers, street addresses, email addresses or other means of contacting You, other than Your last name and URLs.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the White Label Staffing Sites.
White Label Staffing reserves the right to offer third party services and products to You based on the preferences that You identify in Your registration and at any time thereafter or you have agreed to receive, such offers may be made by White Label Staffing or by third parties. Please see White Label Staffing's Privacy Policy, for further details regarding Your Information.
You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your White Label Staffing account or Your White Label Staffing account is terminated, all Your account information from White Label Staffing, including resumes, Profiles, cover letters, saved jobs, questionnaires will be marked as deleted in and may be deleted from White Label Staffing's databases and will be removed from any public area of the White Label Staffing Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through White Label Staffing’s web servers. In addition, third parties may retain saved copies of Your Information.
White Label Staffing reserves the right to delete Your account and all of Your Information after a significant duration of inactivity.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through a White Label Staffing Site ("User Content") is the sole responsibility of the person from which such User Content originated. White Label Staffing claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through White Label Staffing and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through White Label Staffing, you grant White Label Staffing a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such User Content through White Label Staffing. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant White Label Staffing a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting White Label Staffing and its services. White Label Staffing will discontinue this licensed use within a commercially reasonable period after such User Content is removed from White Label Staffing. White Label Staffing reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
You also represent and warrant that You have the right to grant, or that the holder of any rights, including moral rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If You post User Content in any public area of any White Label Staffing Site, You also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any White Label Staffing Site retains any and all rights that may exist in such User Content. White Label Staffing may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any White Label Staffing Site. White Label Staffing reserves the right to expel Users and prevent their further access to the White Label Staffing Sites and/or use of White Label Staffing Services for violating the Terms or applicable laws, rules or regulations. White Label Staffing may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for White Label Staffing, damage White Label Staffing’s brand or public image, or cause White Label Staffing to lose Users or (in whole or in part) the services of its ISPs or other suppliers.
White Label Staffing does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does White Label Staffing endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.
The following is a partial list of User Content that is prohibited on the Application. The list below is for illustration only and is not a complete list of all prohibited User Content.
Content that:
is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual; harasses, incites harassment or advocates harassment of any group or individual; involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, “spamming” or “phishing”; promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; contains restricted or password only access pages, or hidden pages or images; displays or links to pornographic, indecent or sexually explicit material of any kind; provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and solicits passwords or personal identifying information from other Users. Any Profile You submit must describe You, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not You.
You may not include, in any User Content submitted to White Label Staffing Networking, information that may be interpreted as a direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis. In order to protect our White Label Staffing Community Users from commercial advertising or solicitation, White Label Staffing reserves the right to restrict the number of e-mails or other messages which a User may send to other Users to a number which White Label Staffing deems appropriate in its sole discretion.
Profiles derived from User Content may also be made available through the White Label Staffing Sites. White Label Staffing does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by employers. Derived Profiles may differ significantly from User Content.
We appreciate hearing from our Users and welcome Your comments regarding our services and the White Label Staffing Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those, which we have specifically requested. While we do value Your feedback on our services, please be specific in Your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, You send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the "Submission"), the Submission shall be the property of White Label Staffing. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. White Label Staffing shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.
If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to any White Label Staffing Site and is accessible on such White Label Staffing Site in a way that constitutes copyright or trademark infringement, please contact White Label Staffing by email at support@whitelabelstaffing.com or by regular mail at:
White Label Staffing, LLC Attn: Legal Department 18150 S Figueroa St., Suite C, Gardena, CA 90248 USA
White Label Staffing respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to Your use of the White Label Staffing Sites, You agree not to use any White Label Staffing Site to infringe the intellectual property rights of others in any way. White Label Staffing reserves the right to terminate the accounts of any Users, and block access to the White Label Staffing Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. White Label Staffing reserves the right, in its sole discretion, to take these actions to limit access to the Site and/or terminate the accounts of any time, in our sole discretion Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact White Label Staffing as set forth in Section 6 above.
The White Label Staffing Sites act as, among other things, venues for (i) employers to post job opportunities and search for and evaluate job candidates and (ii) candidates to post resumes and Profiles and search for and evaluate job opportunities. White Label Staffing does not screen or censor the listings, including Profiles offered. White Label Staffing is not involved in, and does not control, the actual transaction between employers and candidates. As a result, White Label Staffing is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and White Label Staffing makes no representations about any jobs, resumes or User Content on the White Label Staffing Sites. While White Label Staffing reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from the White Label Staffing Sites from time to time, White Label Staffing does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
White Label Staffing Networking provides a venue for individuals to network for professional and personal purposes and White Label Staffing does not screen or censor the Profiles or User Content on the White Label Staffing Sites. White Label Staffing is not involved in the actual communications between Users. As a result, White Label Staffing has no control over the accuracy, reliability, completeness, or timeliness of the Profiles or User Content submitted on the White Label Staffing Sites and makes no representations about any Profile or User Content on the White Label Staffing Sites.
Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through the White Label Staffing Sites. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the White Label Staffing Sites.
Because User authentication on the Internet is difficult, White Label Staffing cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any White Label Staffing Site, in the event that You have a dispute with one or more Users, You release White Label Staffing (and our agents and brand ambassadors) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.
The White Label Staffing Sites and the White Label Staffing Content may contain inaccuracies or typographical errors. White Label Staffing makes no representations about the accuracy, reliability, completeness, or timeliness of any White Label Staffing Site or the White Label Staffing Content. The use of all White Label Staffing Sites and the White Label Staffing Content is at Your own risk. Changes are periodically made to White Label Staffing Sites and may be made at any time. White Label Staffing cannot guarantee and does not promise any specific results from use of any White Label Staffing Site. No advice or information, whether oral or written, obtained by a User from White Label Staffing or through or from any White Label Staffing Site shall create any warranty not expressly stated herein.
If You are a California resident, You waive California Civil Code Section 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."
White Label Staffing encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall White Label Staffing be liable for the deletion, loss, or unauthorized modification of any User Content.
White Label Staffing does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through any White Label Staffing Site, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider of such third party products or services, under the terms agreed to by the provider.
If You believe that something on the Site violates these Terms please contact our designated agent set forth in Section 6 above.
If notified of any content or other materials which allegedly do not conform to these Terms, White Label Staffing may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. White Label Staffing has no liability or responsibility to Users for performance or nonperformance of such activities.
TO THE FULLEST EXTENT POSSIBLE BY LAW, WHITE LABEL STAFFING DOES NOT WARRANT THAT ANY WHITE LABEL STAFFING SITE OR ANY WHITE LABEL STAFFING SERVICES WILL OPERATE ERROR-FREE OR THAT ANY WHITE LABEL STAFFING SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY WHITE LABEL STAFFING SITE OR THE WHITE LABEL STAFFING CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, WHITE LABEL STAFFING IS NOT RESPONSIBLE FOR THOSE COSTS. THE WHITE LABEL STAFFING SITES AND WHITE LABEL STAFFING CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WHITE LABEL STAFFING, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. WHITE LABEL STAFFING MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WHITE LABEL STAFFING CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL WHITE LABEL STAFFING, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY WHITE LABEL STAFFING SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY WHITE LABEL STAFFING SITE AND THE WHITE LABEL STAFFING CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WHITE LABEL STAFFING IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT POSSIBLE BY LAW, WHITE LABEL STAFFING'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY WHITE LABEL STAFFING SITE OR YOUR USE OF THE WHITE LABEL STAFFING CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
The White Label Staffing Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by White Label Staffing of the contents on such third-party Web sites. White Label Staffing is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at Your own risk.
You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any White Label Staffing Site.
You agree to defend, indemnify, and hold harmless White Label Staffing, its affiliates, and their respective officers, directors, brand ambassadors and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any White Label Staffing Site, (ii) Your use of any White Label Staffing Content, or (iii) Your breach of these Terms. White Label Staffing shall provide notice to You promptly of any such claim, suit, or proceeding.
White Label Staffing makes no claims or representations that the White Label Staffing Content may be lawfully viewed or accessed outside of the United States. Access to the White Label Staffing Content may not be legal by certain persons or in certain countries. If You access any White Label Staffing Site You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction. Any software downloaded from any White Label Staffing Site is further subject to United States export control laws, and may not be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods or (ii) to any individual or entity on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using such software, You represent and warrant that You are not located in, under the control of, or a national or resident of any such country, individual, or entity on any such list.
These Terms are governed by the internal substantive laws of the Commonwealth of Massachusetts, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Los Angeles, California. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, White Label Staffing’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect White Label Staffing’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of the White Label Staffing Sites, a particular "Legal Notice," or software license or material on particular pages on the White Label Staffing Sites, these Terms constitute the entire agreement between You and White Label Staffing with respect to the use of the White Label Staffing Sites. No changes to these Terms shall be made except by a revised posting on this page.
Certain areas of the White Label Staffing Sites are subject to additional Terms. By using such areas, or any part thereof, You agree to be bound by the additional Terms applicable to such areas.
If You use the White Label Staffing Sites through a mobile device, You agree that information about Your use of the White Label Staffing Sites through Your mobile device and carrier may be communicated to us, including but not limited to Your mobile carrier, Your mobile device, or Your physical location. In addition, use of the White Label Staffing Sites through a mobile device may cause data to be displayed on and through Your mobile device. By accessing the White Label Staffing Sites using a mobile device, You represent that to the extent You import any of Your White Label Staffing data to Your mobile device that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, You must promptly update Your White Label Staffing account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge You are responsible for all charges and necessary permissions related to accessing the White Label Staffing Sites through Your mobile access provider. Therefore, You should check with Your provider to find out if the White Label Staffing Sites are available and the terms for these services for Your specific mobile devices.
By using any downloadable application to enable Your use of the White Label Staffing Sites, You are explicitly confirming Your acceptance of the terms of the End User License Agreement associated with the Application provided at download or installation, or as may be updated from time to time.
These Terms will remain in full force and effect while You are a User of any White Label Staffing Site. White Label Staffing reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the White Label Staffing Sites and immediate termination of Your registration with or ability to access the White Label Staffing Sites and/or any other services provided to You by White Label Staffing, upon any breach by You of these Terms or if White Label Staffing is unable to verify or authenticate any information You submit to a White Label Staffing Site registration. Even after You are no longer a User of the White Label Staffing Sites, certain provisions of these Terms will remain in effect, including Sections 1, 2, 5, 7 through 16, inclusive.
We’ve revised the Terms of Use to include new communications tools available on White Label Staffing and the possible collection by White Label Staffing of information about You from publicly-available websites to create or add to a Profile on White Label Staffing.
This Agreement is entered into this Friday of 04-19-2024, between Licensees utilizing the White Label Staffing, LLC software (hereinafter referred to as “Licensees”), White Label Staffing, LLC (hereinafter referred to as "White Label") with its principal place of business at 18150 S. Figueroa St., Ste. D, Gardena, CA, 90248, and independent contractor (hereinafter referred to as "Contractor") an individual with a principal place of business at .
Contractor enters into this Agreement as, and shall continue to be, an independent contractor. Under no circumstances shall Contractor look to White Label or its Licensees as his employer, or as a partner, agent, or principal. Contractor shall not be entitled to any benefits accorded to White Label's or its Licensees employees including but not limited to workers’ compensation, disability insurance, vacation or sick pay. Contractor shall be responsible for providing, at Contractor’s expense, and in Contractor's name, disability, workers’ compensation or other insurance, as well as licenses and permits usual or necessary for performing the services necessary under this Agreement.
Contractor is known to provide promotional services and as such, White Label and/or its Licensees desire to retain Contractor for purposes of doing promotional work. So long as Contractor is retained by White Label and/or its Licensees to provide promotional services, he or she will be deemed an independent promotional services provider.
Contractor agrees to make him or herself available for purposes of performance under this Agreement at such time as Contractor deems convenient.
Contractor represents that Contractor has the qualifications and ability to provide promotional services in a professional manner. Performance of the services in a professional manner may include meeting basic requirements as determined by the Licensees.
White Label shall not direct, manage or control the promotional services provided by Contractor. White Label does not dictate the Contractor’s assignments, hours of work or performance locations. All arrangements regarding the promotional services provided by Contractor shall be made between Contractor and Licensees, as necessary.
As a professional, Contractor is expected to be fully knowledgeable regarding the provision of promotional services and therefore, shall not be informally or formally evaluated by White Label and/or its Licensees.
As a professional, Contractor understands that punctuality is expected of him or her. If Contractor must cancel for any reason, and Contractor has provided less than seventy-two (72) hours notice of cancellation to White Label and/or its Licensees, Contractor may provide a substitute promotional services provider in his or her place following consultation with White Label and/or Licensees.
The independent contractor relationship between White Label and/or its Licensees and Contractor is non-exclusive. Specifically, Contractor may represent, perform services for, or be employed by any additional persons or companies as he or she sees fit. Because Contractor is an independent contractor in business for him or herself, the parties understand that Contractor shall not have any obligation to continue providing promotional services on an ongoing basis pursuant to this Agreement, nor shall White Label and/or its Licensees have any obligation to continue this independent contractor relationship with Contractor
In consideration of Contractor's performance of his duties under this Agreement, Licensee agrees to pay fees to Contractor at an agreed upon hourly rate. These fees may be delivered to Contractor personally or by first class mail. Contractor can expect to wait at least 6-8 weeks to receive compensation for a specific event. It is agreed and understood that Contractor has begun performance of his duties and this Agreement will remain in force and effect until terminated pursuant to the terms stated in ARTICLE 9.
Licensee may elect to pay fees to Contractor through White Label, when mutually agreed to in writing. In the instance that Licensee and White Label agree to do so, Contractor will be released payment within 6-8 weeks of White Label receiving the Contractor’s fee from Licensee. White Label shall only act as an intermediary to deliver fees, and any disputes regarding payment must first be brought to Licensee.
As an independent contractor, Contractor agrees to assume exclusive liability for any and all taxes, assessments, levies or fines which may be paid or deemed owed by Contractor, as a result of performance of this Agreement.
This Agreement is confidential and shall not be transferred, communicated or delivered to a third party, without the express prior written authorization of White Label, its Licensees and Contractor.
Contractor warrants and represents that, to the best of Contractor's knowledge, there is no other contract or duty on Contractor's part which conflicts with or is inconsistent with this Agreement. Simultaneous with the execution of this Agreement, Contractor agrees to execute a proprietary information agreement to protect against use or disclosure of confidential information of White Label and/or its Licensees.
At no time shall Contractor be required to waive his or her privacy rights as a result of providing promotional services pursuant to this Agreement.
Contractor shall not use the name, insignia, or any facsimile of White Label and/or its Licensees’ material for any purpose, including but not limited to advertising, licensee or client list, or references, without the express prior authorization of White Label and/or its Licensees.
During the term of the Agreement, any party may terminate the Agreement without cause by providing thirty (30) days advance written notice to the other parties. If Contractor materially breaches this Agreement, White Label and/or its Licensees shall not be responsible for providing Contractor any further payment. A material breach includes, but is not limited to, violations of law or covenants contained in any signed documentation between Contractor and White Label and/or its Licensees.
This Agreement terminates automatically on the occurrence of any of the following events: (a) bankruptcy or insolvency of any party; (b) sale of the business of any party; (c) death or permanent disability of any party; or (d) material breach of any term or condition of this Agreement.
This Agreement and the Proprietary Information Agreement memorializes the full terms and conditions of the agreement between the undersigned parties. All previous Agreements between the parties, if any, whether written or oral, are merged herein and superseded hereby.
This Agreement shall be performed and construed under the laws of the State of California without regard to its conflicts of laws provisions. Any legal dispute between Contractor and White Label and/or its Licensees shall be litigated in California Superior Court for the County of Los Angeles.
The undersigned parties jointly and severally agree to execute the terms and conditions of this Agreement in good faith and to the best of their ability.
The undersigned persons are authorized by the parties hereto to sign this Agreement and have read and fully understand the foregoing and it is their intent to be bound by the terms and conditions hereof:
18150 S. Figueroa St., Ste. D | Gardena, CA 90248
http://www.jobpail.com
