Effective: February 28, 2019
These Terms of Service (“Terms”) govern your use of the Integrity Connect mobile application, integrity.workllama.com, (collectively, the “Application”), and the services, content and information provided through the Application that are owned or operated by Integrity Staffing Solutions, Inc. (together with our affiliate, “Integrity”, “we”, “our” or “us”). By accessing, downloading, installing, registering for or using the Services, or by clicking to accept or agree to the Terms when this option is made available to you, you: (i) acknowledge that you have read and understood these Terms; (ii) accept and agree to be bound by them in their entirety; (iii) are entering into a legally binding agreement with us; and (iv) acknowledge that, except as otherwise expressly provided, these Terms are solely between you and Integrity. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU SHALL NOT USE THE SERVICES.
We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them to the Application and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check the Application from time to time so you are aware of any changes, as they are binding on you.
You may not use our Services to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation. In particular, the following is a representative, non-exhaustive list of acts that are prohibited-
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Application.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Application. YOU WAIVE AND HOLD HARMLESS INTEGRITY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review all material before it is posted on the Application, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Integrity may, in its sole discretion, periodically create and offer monetary bonuses or other rewards for use of the Services, for referring other new job seekers, or for other specific actions. The terms and conditions accompanying such offers will govern how they are earned and paid to the extent that those terms and conditions differ from or add to these Terms. You may be taxed on your receipt of cash and other consideration for job seeker referrals and other bonus or reward programs, depending on the tax laws of federal, state, and local jurisdictions. Integrity may choose to provide you with those notices and/or tax documents to you on occasion. We may also require you to provide certain information for purposes of issuing tax documents as a condition of receiving program consideration. In all instances, you will be solely responsible for any and all tax liability arising out of the consideration received for participation in these programs. You agree that all bonus or reward programs we may offer, including new job seeker referral bonuses: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Integrity; (iii) may be disabled and/or discontinued by Integrity at any time for any reason without liability to Integrity; (iv) may only be used pursuant to the specific terms that Integrity establishes for such program; (v) are not valid for cash; and (vi) may expire prior to your use. Integrity reserves the right to withhold program payments or deduct from program payments or other features or benefits obtained through the use of the bonus or reward programs, including the referral system, by you or any other user in the event that Integrity determines or believes that the use of such program was in error, fraudulent, illegal, or otherwise in violation of these Terms or any additional terms applicable to the program. In no event does the job seeker referral bonus, nor any other bonus or reward period, guarantee, entitle, or require placement of any job seeker to any assignment.
Using the Services through a mobile device, you agree that information about your use of the Services 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 Services through a mobile device may cause data to be displayed on and through your mobile device. In the event you change or deactivate your mobile account, you must promptly update your Integrity™ 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 Application through your mobile access provider. Therefore, you should check with your provider to find out if the Services are available and the terms for these services for your specific mobile devices.
All information we collect through the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
You represent and warrant that you: (i) do and will comply with all applicable laws and regulations in connection with your use of the Services, (ii) are at least 18 years of age or otherwise over the age of majority in the jurisdiction in which you reside, (iii) are not currently restricted from the Services and are not otherwise prohibited from having an account related thereto, (iv) will only maintain one account at any given time, (v) will only provide accurate information to Integrity, (vi) have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party, and (vii) will not violate any rights of Integrity or a third party.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT NEITHER OF INTEGRITY, ANY DIRECT EMPLOYER, ANY STAFFING RECIPIENT SHALL HAVE ANY LIABILITY FOR ANY ACT, OMISSION OR DECISION MADE BY THAT PARTY, ANY ONE OR MORE OF THE OTHER PARTIES, OR ANY OTHER THIRD PARTY. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NON-INFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. INTEGRITY DOES NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. INTEGRITY DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, INTEGRITY’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.
You agree to defend, indemnify and hold Integrity, its parents, subsidiaries, affiliates and other related entities, and the officers, directors, employees and agents of each of the foregoing (the “Indemnified Parties”) harmless from all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, that are incurred by any of the Indemnified Parties (collectively, “Losses”) arising out of or relating to (i) any violation of these Terms by you; (ii) your violation of any rights of another; (iii) your use of the Services, including, without limitation, your User Contributions; (iv) bodily injury, death of any person or damage to real or tangible, personal property resulting from the willful, fraudulent or grossly negligent acts or omissions of you or any of your representatives or agents; (v) your material breach of any representation, warranty or obligation set forth in these Terms; (vi) any employment-related claim of any nature made against the Indemnified Parties to the extent that such claim is based, in whole or in part, on an act or omission committed by you, a Direct Employer, a Staffing Recipient, or any of the employees or agents of any of the foregoing. Each of the Indemnified Parties reserves the right, at your expense, to, upon notice, assume the exclusive defense and control of any matter subject to indemnification hereunder.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
UNDER NO CIRCUMSTANCES WILL INTEGRITY OR ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“INTEGRITY PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THESE TERMS SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.THE INTEGRITY PARTIES’ TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED ONE HUNDRED (100) US DOLLARS. SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, THE INTEGRITY PARTIES’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN SECTIONS 18, 20, AND 21 WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THESE TERMS.
Excluding claims for injunctive or other equitable relief, for any claim where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution provider mutually agreed upon by the parties. The arbitration shall be conducted by telephone, online or be solely based on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration each party waives any right to a jury trial.
You acknowledge and agree that Integrity may provide notices and other disclosures to you electronically by posting such notices or other disclosures in the Application or by emailing it to you at any email address you provided to Integrity. Such notices or other disclosures shall be considered received by you following the posting in or on the Application or twenty-four (24) hours following the email being sent to you, as applicable. Any such electronic notice or other disclosure shall have the same effect and meaning as if it had been provided to you as a paper copy.
These Terms, along with any rules, guidelines, or policies posted in the Application constitute the entire agreement between Integrity and you with respect to your use of our Services. If there is any conflict between these Terms and any other rules or instructions posted on the Services, these Terms shall control. No amendment to these Terms by you by shall be effective unless acknowledged in writing by Integrity. These Terms shall be governed by, and construed in accordance with, the laws of the state of Georgia, without reference to its choice of law rules. Subject to the arbitration provisions above, exclusive venue for any action arising out of or in connection with these Terms shall be in Atlanta, Georgia. The parties each hereby consent to the jurisdiction and venue in Atlanta, Georgia and waive any objections to such jurisdiction and venue. Notwithstanding the foregoing, you agree that Integrity shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction. Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect. You may not assign your rights or obligations under these Terms without the prior written consent of Integrity. Integrity’s failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms and termination of the Services. All headings included in these Terms are included for convenience only, and shall not be considered in interpreting these Terms. These Terms do not limit any rights that Integrity may have pursuant to any intellectual property laws or any other laws. All rights and remedies available to Integrity, pursuant to these Terms or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available to Integrity. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, or any other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services. Except as otherwise expressly set forth herein, there shall exist no right of any person, other than you and Integrity, to claim a beneficial interest in these Terms or any rights occurring by virtue of these Terms.
f you have any questions, complaints, or claims, you may contact Integrity Staffing Solutions at 700 Prides Crossing, Suite 300, Newark, DE 19713, contact@workllama.com, and +1 (770) 691-5853.
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