TERMS & CONDITIONS
Last modified: 4-22-2020
Please read carefully. The following terms and conditions affect your use of the Services (defined below), and are legally binding on you. These terms limit our liability and include waiver of class action rights.
- Acceptance of these Terms. These Terms and Conditions (“Terms” or “Agreement”) create a contract between you and StaffDNA, LLC, a Texas limited liability company whose headquarters is located at 5760 Legacy Drive, Suite B3-385, Plano, TX 75024, and one or more companies affiliated with StaffDNA, LLC that may provide services hereunder (collectively, “StaffDNA,” “we,” “us,” “our”). These Terms govern your use of the website, found at https://www.staffdna.com/, (together with all sub-domains, and any successor website(s) thereto) (collectively, the “Site”) and your use of our mobile app (the “App”), as well as any services StaffDNA provides to you in connection with the Site and/or the App (collectively, those services, the Site and the App are referred to hereinafter as the “Services”).
- Changes to these Terms or the Services. We may change or modify these Terms from time to time without notice other than posting the revised version on the Site and/or the App. The amended Terms will automatically be effective upon such posting. Your continued use of the Services after any changes in these Terms shall constitute your consent to such changes. We reserve the right to change, modify or discontinue, temporarily or permanently, the Services (or any portion thereof) at any time without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any portion thereof).
- Restrictions on Use of the Services. You may only use the Services for your own, personal, non-commercial use, for lawful purposes, and according to these Terms. You may not use them in any way that violates applicable law (including but not limited to any law regarding the transfer of personal information to or from the U.S.A.), or which interferes with the operability, confidentiality, or security of the Site, the App, other accounts, or any materials or information not intentionally made available through the Services. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any access to the Services or any information, materials, or services obtained from the Site or the App.
- Your Account. To use the Services, you must be over 18 years old, register for an account, and provide us with current, complete and accurate information according to the applicable registration form. You may not share passwords or use anyone else’s account at any time. You are solely responsible for keeping your username and password confidential, and for whatever activities occur under your account. You agree to notify us immediately of any unauthorized use of your account or other breach of security involving your account, the Site or the App. We will not be liable for any loss you may incur as a result of someone else using your username, password or account, with or without your knowledge.
- Your Submissions. We do not own the information which you provide to StaffDNA (each a “Submission” and collectively “Submissions”). You do grant us permission to use your Submissions in connection with the Services, including but not limited to operating and managing the Site and the App. No compensation will be paid to you for any use by us of your Submissions. We have the right to assign or transfer your Submissions to a third party at any time and for any reason, so long as that third party complies with these Terms. We may remove any Submission at any time in our sole discretion. You should keep a back-up of your Submissions. To the full extent permitted by law, we disclaim any liability for deletion, loss, or unauthorized changes to Submissions.
- Your Representations and Warranties. You represent and warrant to us that:
7.1 You are least 18 years old, or possess legal parental or guardian consent to use the Services, and are fully able and competent to enter into the terms, conditions, representations and warranties set forth in these Terms.
7.2 You own or otherwise control all rights to your Submissions, including but not limited to all rights necessary for you to post your Submissions.
7.3 Your Submissions will be truthful, complete, accurate, and not misleading when you submit them; and if anything material changes, or if new information comes to your attention, you will promptly amend your Submissions so that they remain truthful, complete, accurate, and not misleading.
- Your Acknowledgements and Agreement. You expressly acknowledge and agree that:
8.1 If any part of your Submission is false, untruthful or misleading, this will constitute a fraudulent attempt to secure employment and will be sufficient basis for removal of your Submission from the Services, termination of your right to use the Services, withdrawal of consideration for employment, or termination if you have already been employed.
8.2 We (or our authorized representative) may contact your current or past employer(s) and any references you list, educational institutions, government agencies, other sources, and any references in order to confirm the information provided in your Submission, all of whom you agree to hold harmless and free from liability for what they communicate to us.
8.3 Certain positions require a more extensive background check, including drug and alcohol screening. In that event, we will obtain your written permission before such checks are conducted.
8.4 Your skills and interests may be reviewed against job openings and kept for reporting purposes as may be required by law. In furtherance of that same purpose, we may share that information with third-party service providers who are bound by terms of confidentiality and similar data privacy policies to those we implement, as well as with our customers.
8.5 We do not endorse or warrant job opportunities. You are solely responsible for determining the suitability and desirability of any job opportunity you choose to pursue.
8.6 When accessing the Site or the App or using the Services, you will comply with all applicable law and these Terms.
- Release. To the fullest extent allowable by law, you release StaffDNA from claims, demands and damages (actual and consequential and direct or indirect) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed arising out of or in any way connected with your Submission, the information provided therein, or your use of the Site, the App, and/or the Services.
10. Indemnity. TO THE FULL EXTENT PERMITTED BY LAW, YOU AGREE TO INDEMNIFY, HOLD HARMLESS, AND RELEASE StaffDNA AND ITS SUBSIDIARIES AND AFFILIATES (AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS) FROM AND AGAINST ANY THIRD PARTY CLAIMS, ACTIONS, OR DEMANDS (INCLUDING, WITHOUT LIMITATION, COSTS, DAMAGES AND REASONABLE LEGAL AND ACCOUNTING FEES) MAKING ALLEGATIONS RELATING TO OR RESULTING FROM OR IN CONNECTION WITH YOUR SUBMISSION, USE OF THE SITE, THE APP OR THE SERVICES, OR BREACH OF THIS AGREEMENT. IN ADDITION TO MONETARY DAMAGES, I AGREE THAT BREACH OF THIS AGREEMENT WILL ENTITLE StaffDNA TO EQUITABLE RELIEF AND RECOVERY OF ITS ATTORNEYS’ FEES AND COSTS.
- LIMITATION OF LIABILITY.
11.1 TO THE FULLEST EXTENT ALLOWABLE BY LAW, IN NO EVENT SHALL StaffDNA OR ITS SUBSIDIARIES OR AFFILIATES (OR ANY OF THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, OR ADVERTISERS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR WAGES, OR DAMAGES RESULTING FROM LOST DATA OR LOST EMPLOYMENT OPPORTUNITY)) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE SERVICES OR THE USE OR ACCESS TO THE SITE AND SERVICES OF StaffDNA, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT StaffDNA IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL StaffDNA (OR ITS OFFICERS, DIRECTORS, SHAREFHOLDERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS OR ADVERTISERS) BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS OF THE AGGREGATE AMOUNT OF $100.00.
11.2 YOU AGREE THAT THESE LIMITATIONS ARE OF THE ESSENCE OF THIS AGREEMENT AND ARE A REASONABLE, BARGAINED-FOR, AGREEABLE ALLOCATION OF RISK WITHOUT WHICH THE SITE, THE APP, THE SERVICES, AND THE INFORMATION OBTAINED THROUGH THE SERVICES COULD NOT BE PROVIDED. YOU FURTHER AGREE THAT THESE LIMITATIONS SHALL APPLY TO ALL CLAIMS RELATED TO THESE TERMS OR TO THE RELATIONSHIP AMONG THE PARTIES, EVEN IF ANY LIMITED REMEDY IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. You may have other statutory rights and the above may not apply to you, but any such rights shall be limited to the minimum length and extent required by applicable law.
12. Warranty Disclaimers. TO THE FULL EXTENT PERMITTED BY LAW, THE SITE, THE APP AND THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT ALLOWABLE BY LAW, ALL WARRANTIES ARE DISCLAIMED, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON- INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR THE APP WILL OPERATE ERROR-FREE OR THAT THE SITE, THE APP OR SERVICES ARE FREE OF VIRUSES OR HARMFUL MECHANISMS. NEITHER WE NOR ANY PERSON OR ENTITY AFFILIATED WITH US REPRESENTS OR WARRANTS THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE, THE APP, THE SERVICES OR INFORMATION OBTAINED THROUGH THE SERVICES. WE DO NOT GUARANTEE THAT THE SERVICES WILL RESULT IN YOU BEING HIRED, AND WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING AND/OR SALARY DECISIONS.
- Dispute Resolution
13.1 Governing Law, Time and Venue. This Agreement and the relationship among you, StaffDNA and any person or entity affiliated with StaffDNA are to be governed and construed according to Texas and United States law, without regard to conflicts of law. Any dispute arising hereunder or relating directly or indirectly to StaffDNA’s relationship with you must be filed within one (1) year after the cause of action arose, and shall be resolved solely in the state or federal courts located in and for Collin County, Texas. You consent to the personal jurisdiction of those courts.
13.2 Class Action Waiver. YOU AGREE TO RESOLVE ANY DISPUTE WITH US ONLY ON AN INDIVIDUAL BASIS, BRINGING ANY CLAIMS RELATING TO US IN AN INDIVIDUAL CAPACITY ONLY AND NOT FOR OR WITH ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
13.3 Jury Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE TRIAL BY JURY OF ANY DISPUTE RELATING DIRECTLY OR INDIRECTLY TO THE RELATIONSHIP BETWEEN YOU AND US.
- Miscellaneous. No joint venture, partnership, employment, fiduciary, or agency relationship exists between StaffDNA and you unless StaffDNA and you fully execute a sperate written contract. If any provision of these Terms is determined to be unlawful, void, or unenforceable, it will be deemed severed from these Terms and will not affect the validity and enforceability of the remaining provisions. This is the entire agreement relating to the subject matter in these Terms, superseding all prior or contemporaneous understandings. If StaffDNA retains counsel to enforce or defend its rights under these Terms or otherwise, it shall be entitled to recover from you its reasonable attorneys’ fees and expenses. No act or forbearance shall be deemed to be a waiver of any right hereunder unless intent to waive it is clearly expressed in a writing signed by an authorized representative of the party agreeing to waive it. To the extent anything in or associated with the Services conflicts or is inconsistent with these Terms, these Terms shall control.
- EEO Policy. StaffDNA is an Equal Opportunity Employer. All qualified applicants will receive consideration of their Submission and for employment without regard to race, color, sex, sexual orientation, gender identity, religion, national origin, disability, veteran status, age, marital status, pregnancy, genetic information, or other legally protected status.