Baron Staffing Terms of Service
DO NOT CLICK ON THE “ACCEPT AND CONTINUE” BUTTON AND DO NOT INSTALL, DOWNLOAD, ACCESS, OR OTHERWISE USE THIS WEBSITE IF YOU ARE UNWILLING OR LACK THE AUTHORITY TO AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.
REGISTRATION FOR ACCESS AND USE OF THE BARONSTAFFING.COM WEBSITE AND THE SERVICES OFFERED HEREIN IS CURRENTLY RESTRICTED TO INDIVIDUALS LOCATED IN THE UNITED STATES DURING ANY SUCH REGISTRATION AND USE (“DOMESTIC USE”). USE AND ACCESS OF THIS WEBSITE BY INDIVIDUALS NOT LOCATED IN THE UNITED STATES IS NOT AUTHORIZED BY BARONSTAFFING AND MAY CONSTITUTE BOTH CRIMINAL AND CIVIL VIOLATION OF THE COMPUTER FRAUD AND ABUSE ACT, 18 U.S.C § 1030, ET SEQ.
BY CLICKING “ACCEPT AND CONTINUE” YOU ALSO CERTIFY THAT YOU ARE NOT RESIDENT IN, OR PROVIDING INFORMATION FROM ANY COUNTRY GOVERNED BY THE GENERAL DATA PROTECTION REGULATION (“GDPR”).
By using the Services or engaging with the Platform, you agree to these Terms of Service. If you do not agree to all of these Terms of Service, do not use the Services or engage with the Platform, do not submit information to or access information from, or otherwise access the Site.
“BaronStaffing”, “BaronStaffing.com”, the “Company” “we,” “us,” and “our” means Baron Staffing, LLC, BaronStaffing.com, the website providing the Services, and any affiliated website.
“Platform” means the products, features, contents, applications and services provided by Barron Staffing, LLC on its websites.
“Baron Staffer”, “Staffer Client’, or “Staffer Clients” means individuals or organizations seeking to fill a temporary staff position and who have registered with the Site as a Baron Staffer.
“Staff”, or “Temporary Staff” means individuals who have registered with the Site and who have been evaluated and approved as potential temporary staffing candidates by Baron Staffing LLC.
“Website,” “Site”, “Sites” and “websites” means BaronStaffing.com and any affiliated website or websites.
“BaronStaffing.com Services”, “Service” or “Services””, means the provision of temporary staffing services to potential staff and to individuals or organizations that seek temporary staff.
“Member” means an individual, organization, or any representative of any individual, organization who has signed up to use the Services.
Please remember that the information available through the Services is intended to facilitate (1) the provision of temporary staff opportunities to individuals seeking temporary work, (2) the provision staffing services to individuals or organizations that seek temporary staff. While we hope you will find the Services helpful, you should remember that we are not an employer, nor are we an employment agency. We follow standard sets of editorial procedures for information that we each make available through the Services. However, we don't offer you any warranty or guarantee related to the Services that we provide. We specifically disclaim any warranties, express or implied, including implied warranties of merchantability or fitness for a particular purpose. While we take our responsibility to vet and approve potential temporary staff candidates (including requiring proofs of legal ability to work), it is the ultimate responsibility of our staffer clients to evaluate a potential temporary staff candidate for any particular temporary staffing position. It's your responsibility as a Baron Staffer to evaluate the potential Staff Candidate information in connection with the Services we provide, and exercise your professional judgment in evaluating any information and making any staffing decision based on such information. Likewise, it is the ultimate responsibility of potential Baron staff candidates to obtain approval from Baron in advance of temporary staffing placement, including providing appropriate documentation requested in accordance with our evaluation and approval standards
The following pricing structure applies to your use of the Services or engaging with the Platform:
For Staffers: Pricing shall be per staffing engagement, and billed as established by separate agreement between you and Baron.
For Staff Candidates: Staff Candidates who are engaged as temporary staff by a Baron Client will be paid in accordance with Baron’s then effective payment policies and procedures.
The use of the Site and Services is at your own risk. Access to the Site, the Services and engagement with the Platform and the content provided by us are provided on as "AS IS" basis. Information made available through the Services may be provided by third parties. We are not responsible for the accuracy or integrity of that information. Irrespective whether the information is provided by us or through the Site, we are not liable for any damages resulting from your use of the information made available through the Services. Although we are selective about the organizations to whom we may link from the Site, we don't assume any responsibility for any web sites that are linked to or from the Services. While we encourage your feedback regarding the Services, we reserve the right, in our sole absolute discretion to make the final decisions about the content provided by the Services.
IF OUR SERVICES ARE USED BY OR FOR A CORPORATION, PARTNERSHIP, GOVERNMENT OR OTHER ORGANIZATION CREATED BY LAW (HEREAFTER REFERRED TO AS “ENTITY” or “ENTITIES”), YOU FURTHER REPRESENT AND WARRANT THAT YOU HAVE THE POWER AND AUTHORITY TO BIND THAT ENTITY TO THIS AGREEMENT, AND YOUR AGREEMENT TO THESE TERMS AND CONDITIONS SHALL BE DEEMED AGREEMENT BY THAT ENTITY. ACCORDINGLY, AND WHERE APPLICABLE, THE TERMS “YOU” AND “YOURS” SHALL MEAN THE ENTITY ON BEHALF OF WHOM YOU ENTERED THIS AGREEMENT.
GRANT OF LIMITED LICENSE. Upon becoming BaronStaffing.com Member, we grant you a limited, non-transferable, non-assignable, non-sublicensable right to use the Site, engage with the Platform and use the Services made available to you by us solely for the purposes stated herein. We may, in connection with your engagement with the Platform, use the Site and the Services, and in our sole and absolute discretion, offer or provide additional or supplemental services, software, or other technology-related materials and documentation. Your Member access to and use of the Site and the Services commences with our approval of your enrollment. For Staffers registered with the Site, your license to engage with the platform and access the “Staffing Needed” section of our site is contingent upon your payment of any fees for amounts which are past due for greater than 30 days, together with your agreement to our then-current Terms of Service.
PROPRIETARY RIGHTS. You acknowledge and agree that Baron Staffing, LLC and/or its affiliates own all rights, title and interest, in and to the Site, and the Services offered by us or on the Site. You further acknowledge and agree that the Services and information, content and software presented to you through the Services or used in connection with the Services or your engagement with the Platform contain proprietary and confidential information that is protected under U.S. and international intellectual property laws, including copyright, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us, you agree not to sell, rewrite, modify, redistribute, create derivative works, or rent the Services, or any information presented to you through the Services, in whole or in part. Except for the rights expressly granted in this Agreement, you acquire no other rights, express or implied, in or to the Site or any of our affiliated websites, the content displayed therein (and as updated from time to time) or to the Services, and all rights not expressly provided to you hereunder are expressly reserved by and to us and/or our affiliates. You will not, nor will you permit anyone else, either directly or indirectly, to: (i) copy, modify, license or otherwise distribute or cause to be distributed any Site content, including content relating to the Services; (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of the Site (except where required by law or court order); (iii) use the Site or Services to help develop any other competing product or service.
U.S. Government End Users. If you are affiliated with the U.S. government, then you should know that the software and documentation available on our Web Sites are "commercial items," as that term is defined in 48 C.F.R. 2.101 (October 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (September 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 27.7202-4 (June 1995), all U.S. government end users acquire the software and documentation with only those rights set forth herein.
CHILDREN’S PRIVACY. We are committed to protecting the privacy of children. you should be aware that the Services are not intended or designed to attract or be used by children under the age of 18.
AGGREGATED DATA. “Aggregated Data” refers to the information submitted or provided by you in connection with your use of the Services. Aggregated Data is de-identified (stripped of any information used to identify you, including personal data). you grant to Baron Staffing, LLC a worldwide, perpetual, exclusive, irrevocable, royalty-free, and fully paid-up license to use and exploit any suggestion, enhancement request, recommendation, correction or other feedback (“Feedback”) provided by you relating to the Services. Feedback will not include Confidential Information. Baron Staffing, LLC owns all rights, title and interest in and to Aggregated Data, and may use, reproduce, sell, publicize or otherwise exploit Aggregated Data in any way, in its sole discretion, provided such data is appropriately anonymized.
Software Products. We may make some software and accompanying documentation available for downloading through the Services. These materials are the copyrighted work of Baron Staffing, LLC or companies that have licensed the software to Baron Staffing, LLC. We do not transfer any ownership rights in software or related documentation to you when you download it through the Services, and you are allowed to use that software and documentation under the terms of this Agreement, to which you will be required to again agree prior to downloading. you are not authorized to attempt to recreate or reverse engineer our software or our other intellectual property. In addition, some software available through the Services is subject to United States export controls. By downloading or using such software, you are representing to us that your download of such software complies with these controls.
Security. Protecting information provided to us by users and Members is important to us. We use commercially reasonable cybersecurity processes and technologies to safeguard your information and make an active effort to anticipate and prepare for the next threat. While no system of security can provide 100 percent protection, our information technology infrastructure implements physical, administrative and technical controls designed to protect personal information, along with intellectual property and proprietary information. We have dedicated resources and processes to help prevent, detect and respond to cyber threats, and we monitor the security of our systems and take action to address vulnerabilities.
Passwords. We offer to our Members tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your passwords or accounts. You are responsible for all activities that occur in connection with the use of your password or account. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your account and password; (3) promptly inform us of any need to deactivate a password. You grant us and all other persons or entities involved in the operation of the Services the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Services. We cannot and do not assume any responsibility or liability for any information you submit in connection with the Services, or your or third parties' use or misuse of information transmitted or received using the Services.
Member Conduct When Using BaronStaffing.com Services. If you use a community and communication feature of the Service, bulletin board, blog or discussion service (a "Community and Communication Service"), you are responsible for all communications, information, data, text, music, sound, graphics, messages and other material ("Content") that you upload, post, transmit, email or otherwise distribute through a Community and Communication Service. We are not responsible for the consequences of the Content posted by you or any other party through a Community and Communication Service and as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using a Community and Communication Service, you may be exposed to Content that is offensive or objectionable. In no event will we be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content uploaded, posted, transmitted, emailed or otherwise made available through a Community and Communication Service. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. When you use a Community and Communication Service, you agree not to:
We may (but are not obligated) do any or all of the following without notice:
You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You acknowledge, consent and agree that we may investigate your use of a community and communication service in order to determine whether a violation of these Terms of Service has occurred or to comply with any applicable law, regulation, governmental request or legal process.
You agree and acknowledge that the processing and transmission of a community and communication service, including your content, may involve transmissions over various networks and devices and necessary modifications as required for such transmissions.
TERM AND TERMINATION. Unless otherwise terminated in accordance with this Section, this Agreement will remain in effect for the Member level selected by you, and may not be terminated except by operation of law. All applicable fees and payments made by you for the Services are non-refundable irrespective of any reason for termination.
DISCLAIMER. ACCESS TO THE BARONSTAFFING.COM WEBSITE AND USE OF OUR SERVICES OR ENGAGING WITH OUR PLATFOM IS PROVIDED TO YOU “AS IS”, AND ANY USE BY YOU IS AT YOUR SOLE RISK. WE MAKE NO WARRANTIES RELATING TO THE SERVICES AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES AGAINST INFRINGEMENT OF THIRD PARTY RIGHTS, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
LIMITATION OF LIABILITY. IN NO EVENT WILL WE OR OUR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AFFILIATES, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, CONSEQUENTIAL, COMPENSATORY, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER, AT LAW OR IN EQUITY INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR DOWNLOADING OR USE OF THE BARONSTAFFING WEBSITE OR THE SERVICES. THE FOREGOING LIMITATIONS ON OUR LIABILITY SHALL APPLY WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGES.
CONFIDENTIALITY. “Confidential Information” means any information disclosed by one party to this Agreement (“Discloser”) to the other party to this Agreement (“Recipient”), directly or indirectly, in writing, orally or by inspection of tangible objects, which is designated as “Confidential,” “Proprietary” or some similar designation, or learned by Recipient under circumstances in which such information would reasonably be understood to be Confidential. Confidential Information may include information disclosed in confidence to Discloser by third parties. (i) Recipient shall not use any of our CI or Member CI for any purpose other than those related to the provision of the Services; (ii) Recipient shall use at least the same degree of care as the Recipient uses to protect its Confidential Information, but in no event less than a reasonable degree of care to prevent the unauthorized use, dissemination of publication of our CI or Member CI; (iii) Recipient shall limit disclosure of our CI or Member CI to those persons within Recipient’s organization who have a need to know and who have previously agreed in writing, prior to receipt of our CI or Member CI, to the terms of this Agreement; and (iv) Recipient shall not disclose any our CI or Member CI to third parties without the prior written consent of the Discloser. Recipient acknowledges that the disclosure of Confidential Information may cause irreparable injury to the Discloser. Discloser shall be entitled to seek injunctive or other relief available at law or equity upon a disclosure or threatened disclosure of any Confidential Information, without a requirement that the Discloser prove irreparable harm or the posting of a bond. This provision will not in any way limit such other remedies as may be available to the Discloser at law or in equity. Within ten (10) business days of the termination of this Agreement or upon the Discloser’s written request, the Recipient will (at the Recipient’s election) promptly destroy or return all of Discloser’s Confidential Information in the Recipient’s possession. The confidentiality provisions of this paragraph shall survive the termination of this Agreement for a period of five years.
BINDING ARBITRATION. By clicking the “AGREE and CONTINUE” button, you hereby agree that any dispute, controversy or claim arising out of or relating in any way to this Agreement, including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach [of the agreement], shall be exclusively resolved by binding arbitration (except for matters that may be brought in small claims court). This agreement to arbitrate shall be specifically enforceable by any court of competent jurisdiction. A Party may apply to any court with jurisdiction for interim or conservatory relief, including without limitation a proceeding to compel arbitration. The arbitration shall be conducted through the American Arbitration Association by a single arbitrator in accordance with the then-current commercial arbitration rules. The cost of the arbitration proceeding and any proceeding in court to confirm or to vacate any arbitration award, as applicable (including, without limitation, reasonable attorneys’ fees and costs), shall be borne by the unsuccessful party, as determined by the arbitrator, and shall be awarded as part of the arbitrator’s award. It is specifically understood and agreed that any party may enforce any award rendered pursuant to the arbitration provisions of this Section by bringing suit in any court of competent jurisdiction. The parties agree that the arbitrator shall have authority to grant injunctive or other forms of equitable relief to any party. This Section shall survive the termination or cancellation of this Agreement.
CLASS ACTION WAIVER. By clicking the “AGREE and CONTINUE” button below, you understand that by agreeing to these terms, arbitration or a small claims action will be the sole and exclusive means of resolving any dispute between us. Where an arbitration, court or other proceeding is commenced, you and we are hereby giving up the right to proceed with any class action or other representative action. you also understand that by agreeing to these terms, you and we are waiving the right to bring a representative or class action claim in any arbitration or court proceeding, or in front of a jury.
Laws that Govern this Agreement. We control those components of the Services made available through our respective Web sites from our offices within the state of New Jersey in the United States of America. The Services can be accessed from any of the United States and from other countries worldwide. Since the laws of each State or country able to access the Service may differ, by accessing the Services, you and we agree that the statutes and laws of the state of New Jersey, without regard to choice of laws principles, will apply to all matters relating to use of the Services. No waiver of any of these terms and conditions set forth in this Terms of Service shall be deemed a further or continuing waiver of such term or condition or any other term or condition. We make no representation that materials made available through the Services are appropriate or available for use in other locations, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access these sites from other locations do so on their own initiative and are responsible for compliance with local laws.
Indemnity. You agree to defend, indemnify, and hold harmless us, our respective officers, directors, employees, agents, licensors, and suppliers, from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Service.
Non-Assignability. You agree to comply with all applicable laws in connection with the performance of your obligations pursuant to the terms and conditions set forth in this Terms of Service. You will not assign this Agreement or any right or delegate any performance without our prior written consent, and any such attempted assignment or delegation is void, shall be null and void, and shall be considered a material breach of this Agreement. This Agreement comprises the entire understanding between you and us, and may be amended from time to time. Any such amendment will be posted to the BaronStaffing web site at [http://www.baronstaffing.com].
Acceptance Procedure. By accessing materials through the Services or registering as a Member you agree with all the terms and conditions of these Terms of Service. We reserve the right, in our sole discretion, to change these Terms of Service from time to time, and your continuing use of the Services constitutes your acceptance of and agreement to any changed terms and conditions.