TERMS OF USE

EQUISTAFF, INC.

TERMS OF USE

Please read the following Terms of Use (these “Terms”) carefully before using the EQUIstaff, Inc. (“EQUIstaff”, “we,” “our,” or “us”) website, located at www.equistaff.com, (the “Website”) before joining or participating in the EQUIstaff Employment Program (the “Program”), or before participating in any other online facilities, services and/or programs that we offer (each a “Web Property” and, collectively, the “Web Properties”).

These Terms are not applicable to any other web page operated and/or owned by any entity other than EQUIstaff, including, but not limited to, any website, mobile application, blog, forum, or other material operated by any third party identified on the Web Properties. When visiting these third-party websites, you should refer to the terms and conditions in effect for the applicable owner.

PLEASE READ THESE TERMS CAREFULLY, AS THEY INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING THE WEBSITE OR USING THE WEB PROPERTIES, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH EQUISTAFF REGARDING YOUR USE OF AND PARTICIPATION IN THE WEB PROPERTIES. BY ACCESSING OR USING THE WEB PROPERTIES, YOU AGREE TO BE BOUND BY OF THESE TERMS AND ALL ADDITIONAL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS, YOU SHOULD NOT ACCESS OR VISIT THE WEBSITE OR OTHERWISE USE OR PARTICIPATE IN THE WEB PROPERTIES.

1. INFORMATION ONLY. The Web Properties are provided to you as a convenience, for your information only. By merely providing access to the Web Properties, we do not warrant or represent that: (a) any materials, documents, images, graphics, logos, designs, audio, video, and any other information provided from or on the Web Properties (collectively, the “EQUIstaff Content”) is accurate or complete; (b) the EQUIstaff Content is up-to-date or current; (c) we have any obligation to update any EQUIstaff Content; (d) the EQUIstaff Content is free from technical inaccuracies or programming or typographical errors; (e) the EQUIstaff Content is free from changes caused by a third party; (f) your access to the Web Properties will be free from interruptions, errors, computer viruses or other harmful components; (g) any information obtained in response to comments or questions asked through the Web Properties is or will be accurate or complete; and/or (h) the EQUIstaff Content is non-infringing of any third party’s intellectual property rights.

2. Use and Content.

(a) Use of the Web Properties. You may view, copy or print a single copy of any page from the Web Properties for personal, non-commercial purposes if you do not remove, modify, or alter any copyright and proprietary rights notices that may be present. You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information or other EQUIstaff Content from the Web Properties without our express, prior, written consent.

(b) Restrictions on Use. You may not: (i) remove or obscure any copyright, trademark, digital watermark, proprietary legend, or other proprietary notice from any portion of the Web Properties; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Web Properties, or any aspect of them, except as expressly permitted by us; (iii) decompile, reverse engineer, jeopardize the correct functioning of the Web Properties, disassemble the Web Properties, or otherwise attempt to derive the source code of the software (including the tools, processes, methods, and infrastructure) that enables or underlies the Web Properties, except as may be permitted by applicable law; (iv) link to, mirror, or frame any portion of the Web Properties; (v) cause or launch any program, spider, robot, script, or other automatic device or manual process for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Web Properties or unduly burdening or hindering the operation and/or functionality of any aspect of the Web Properties; (vi) attempt to gain unauthorized access to or impair any aspect of the Web Properties or the related systems, servers or networks; (vii) use the Web Properties to stalk, harass, or harm another individual, or in any way that is in violation of any law, rule or regulation; (viii) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; or (ix) use any portion of the Web Properties or any EQUIstaff Content in any manner that may give a false or misleading impression, attribution, or statement as to us or any other person or entity. The Web Properties and all rights therein are and shall remain with us.

3. Updates. We may make changes to the Web Properties, the EQUIstaff Content or these Terms, or stop providing any of the Web Properties and/or the EQUIstaff Content, at any time and without further notice to you. We will make an effort to update the Web Properties with any changes to these Terms, and you are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms). Your continued access or use of the Web Properties after such posting constitutes your consent to be bound by the Terms, as amended.

4. PRIVACY. We know that privacy is very important to you, and it is very important to us as well. By providing us with your email address or other contact information, you consent to receiving electronic communications from us. We will communicate with you by email or by posting notices on our Web Properties. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing. Personal data that you provide regarding yourself will be handled in accordance with our Privacy Policy located at https://equistaff.com/TermsOfUse.aspx.

5. NOT INTENDED FOR CHILDREN. We do not intentionally collect personally identifiable information from any person that we know to be under the age of thirteen (13). Specifically, the Web Properties are not intended or designed to attract children under the age of thirteen (13). You affirm that you are more than eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In any case, you affirm that you are over the age of thirteen (13), as THE WEB PROPERTIES ARE NOT INTENDED FOR CHILDREN UNDER AGE THIRTEEN (13).

6. USER ACCOUNT, PASSWORD AND SECURITY. To the extent that you create a user account to access, use and/or participate in any Web Property (“User Account”), the following will apply:

(a) User Account. To participate in the Program and/or to access certain types of features or use the EQUIstaff Content available through the Web Properties, you may be required to: (i) create a username and password; and/or (ii) provide credit card, debit card or other payment information (collectively, the “Registration Data”). You must be eighteen (18) years of age to create a User Account and use the Web Properties. We use reasonable precautions to protect the privacy of your Registration Data and User Account information. You, however, are ultimately responsible for protecting your Registration Data and User Account information from disclosure to third parties, and you are not permitted to circumvent the use of required encryption technologies. You agree to: (i) immediately notify EQUIstaff of any unauthorized use of your Registration Data or User Account, or any other breach of security; (ii) ensure that you exit from your User Account at the end of each session; and (iii) use a security passcode to secure your device where your Registration Data is stored. While we provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception, or error.

(b) Accurate Information. In creating and using your User Account, you agree to: (i) provide true, accurate, current, and complete Registration Data; and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, then we have the right to suspend or terminate your User Account and refuse any and all current or future use of your User Account.

(c) Non-Transferability of User Account. User Accounts and usernames are non-transferable, and all users are obligated to take preventative measures to prohibit unauthorized users from accessing the Web Properties with his or her username and password.

7. Disclaimer of Warranties. When using the Web Properties, information will be transmitted in such a way that may be beyond our control. As such, we make no warranty concerning the delay, failure, interruption, or corruption of any data, the EQUIstaff Content, User Content or any other information transmitted in connection with the use of the Web Properties. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB PROPERTIES IS AT YOUR SOLE RISK. THE WEB PROPERTIES, EQUISTAFF CONTENT AND USER CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE WEB PROPERTIES, OR ANY SERVICES OFFERED IN CONNECTION WITH THE WEB PROPERTIES, ARE OR WILL REMAIN UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE WEB PROPERTIES WILL BE CORRECTED, OR THAT THE WEB PAGES AVAILABLE ON OR THROUGH THE WEB PROPERTIES, OR THE SERVERS USED IN CONNECTION WITH THE WEB PROPERTIES, ARE OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEB PROPERTIES AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT WE WILL HAVE ADEQUATE CAPACITY FOR THE WEB PROPERTIES AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. WE MAKE NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE WEB PROPERTIES.

8. Indemnification. You agree to defend, indemnify, and hold harmless EQUIstaff, its affiliates and their respective directors, officers, employees, agents, successors and assigns from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; and/or (iv) any claim that your User Content caused damage to or violated the rights of a third party.

9. Network Access and Devices. You are responsible for establishing such procedures as you deem appropriate to verify the accuracy of data that you transmit using the Web Properties, and we will have no obligation to verify the accuracy of that data. You are responsible for obtaining the data network access necessary to use the Web Properties. If you are accessing the Web Properties on your mobile device, your network’s data and messaging rates and fees may apply. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Web Properties and any updates thereto. We do not guarantee that the Web Properties, or any portion thereof, will function on any particular hardware or devices. In addition, all Web Properties may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

10. Limitation of Liability. IN NO EVENT WILL EQUISTAFF OR OUR AFFILIATES OR THIRD-PARTY LICENSORS, OR ANY OF OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEB PROPERTIES, THE EQUISTAFF CONTENT AND/OR THE USER CONTENT PROVIDED ON OR IN CONNECTION WITH THE WEB PROPERTIES, FOR YOUR INABILITY TO PARTICIPATE IN THE PROGRAM, OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS OR USE OF THE WEB PROPERTIES, THE EQUISTAFF CONTENT AND/OR ANY USER CONTENT PROVIDED ON OR THROUGH THE WEB PROPERTIES. IN ADDITION, WE WILL NOT BE LIABLE FOR ANY NEGATIVE REPERCUSSIONS TO ANY PARTY BASED ON THE USE OF OR INABILITY TO USE THE WEB PROPERTIES, INCLUDING, BUT NOT LIMITED TO, LOST GOODWILL OR LOST PROFITS. WE ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH OR PROPERTY DAMAGE, CAUSED BY YOUR USE OR MISUSE OF THE WEB PROPERTIES, INCLUDING, WITHOUT LIMITATION, ANY EQUISTAFF CONTENT AND/OR ANY USER CONTENT. WE ARE NOT RESPONSIBLE FOR (A) INACCURACIES OR ERRORS IN OR OMISSIONS FROM THE EQUISTAFF CONTENT; (B) DELAYS, ERRORS, OR INTERRUPTIONS IN THE TRANSMISSION OR DELIVERY OF THE EQUISTAFF CONTENT; OR (C) LOSS OR DAMAGE ARISING THEREFROM OR OCCASIONED THEREBY, OR BY ANY REASON OF NONPERFORMANCE. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR ENTIRE LIABILITY SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID TO EQUISTAFF FOR THE SERVICES THAT YOU RECEIVE USING THE WEB PROPERTIES. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

11. Third Party Content. We may provide hyperlinks to other websites maintained by third parties, or may provide third party content on the Web Properties by framing or other methods (collectively, “Third Party Content”). In addition, the Web Properties may include certain applications, features, programs and services provided by third parties (collectively, the “Third Party Applications”). We do not monitor Third Party Content or Third Party Applications and can make no guarantee as to the accuracy or completeness of such Third Party Content or Third Party Applications. THE LINKS TO THIRD PARTY WEBSITES, ANY THIRD PARTY CONTENT, AND ANY THIRD PARTY APPLICATIONS ARE PROVIDED FOR YOUR CONVENIENCE AND INFORMATION ONLY. THE CONTENT ON ANY LINKED WEBSITE OR IN ANY THIRD PARTY APPLICATION IS NOT UNDER OUR CONTROL AND, JUST AS WITH THE WEB PROPERTIES, WE ARE NOT RESPONSIBLE FOR THE CONTENT OF LINKED WEBSITES AND/OR THIRD PARTY APPLICATIONS, INCLUDING ANY FURTHER LINKS CONTAINED IN A THIRD PARTY WEBSITE. WE MAKE NO REPRESENTATIONS OR WARRANTIES IN CONNECTION WITH ANY THIRD PARTY CONTENT OR THIRD PARTY APPLICATIONS, WHICH AT ALL TIMES AND IN EACH INSTANCE IS PROVIDED “AS IS” AND “AS AVAILABLE”. THIRD PARTY APPLICATIONS MAY BE SUBJECT TO ADDITIONAL TERMS AND CONDITIONS OR AGREEMENTS BETWEEN YOU AND THE PROVIDER OF SUCH THIRD PARTY APPLICATIONS AS MAY BE PROVIDED TO YOU IN CONNECTION THEREWITH, AND YOU AGREE TO FULLY COMPLY WITH ALL SUCH ADDITIONAL TERMS, CONDITIONS AND AGREEMENTS. IF YOU DECIDE TO ACCESS ANY OF THE THIRD PARTY WEBSITES LINKED TO THE WEB PROPERTIES, ANY THIRD PARTY CONTENT, AND/OR ANY THIRD PARTY APPLICATION, YOU DO SO ENTIRELY AT YOUR OWN RISK.

If a third party should link to or refer to any of the Web Properties, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with us. In most cases, we are not even aware that a third party has linked to or refers to the Web Properties.

12. Payment Terms.

(a) General. Certain offerings available on the Web Properties may be subject to fees charged by EQUIstaff, which will be identified at the point of purchase of such offerings. We may use a third party service provider to process any payments you make by credit or debit card (collectively, your “Payment Method”). When you make a payment, we will transfer you to a secure network provided by our third party processor through which all transactions are processed.

(b) Payment and Billing Information. By providing your Payment Method, you: (i) represent that any payment information you provide is true and accurate; (ii) authorize EQUIstaff and/or our third-party payment processor to charge your Payment Method; and (iii) agree to maintain and promptly update payment information to keep it true, accurate, current, and complete. If your Payment Method cannot be authorized or is otherwise in error, we may suspend or cancel your use of the Web Properties, including, without limitation, your participation in the Program. In the event of such failure of your Payment Method, we may take reasonable steps to retry your Payment Method, including, without limitation, attempting to contact you to reconfirm or update your Payment Method. We are not responsible for any fees incurred by you when charging or retrying your Payment Method, including but not limited to, overdraft fees. You can update or change your Payment Method and other billing and payment account information by visiting your User Account page on the Web Properties. Changes made to your billing account will not affect charges that we submit to your billing account before we could reasonably act on your changes to your billing account. Your right to use the Web Services is subject to limits established by EQUIstaff and/or by the issuer of your Payment Method.

(c) Program Subscription. We offer a subscription service, where you sign up to receive recurring use of the Program. You may purchase a subscription to the Program through the Web Properties. You can find specific details regarding your subscription by visiting the Web Properties and accessing your User Account details. When you register for the Program you expressly authorize and agree that: (i) we and our third party payment processor are authorized to automatically charge your Payment Method in an amount equal to the then-effective rate for the Program, together with any applicable taxes, until you cancel your subscription in accordance with these Terms; (ii) your subscription will automatically renew on each anniversary of the original sign up date; (iii) we will not obtain any additional authorization from you for such automatic, recurring payments; (iv) every time that you use the Program, you re-affirm that we are authorized to charge your Payment Method as provided herein, and to have all applicable fees and charges applied to same, including any applicable taxes; and (v) EQUIstaff may adjust the pricing for the Program and other services in the future and that you will be charged such adjusted fees on a going forward-basis after your receipt of notice from us.

(d) Cancellations. You may cancel your subscription at any time by visiting your User Account page and following the instructions located therein. If you have any trouble deactivating your account you can contact us at (352) 293-2088 or email Clientservices@equistaff.com. If you cancel your subscription, your subscription will automatically terminate immediately, and your account will no longer be active. Changes to, or cancellations of, your subscription, may also be subject to additional timing and other restrictions set forth by EQUIstaff on the Web Properties. Your subscription will not automatically be deactivated at the end of your billing cycle, and EQUIstaff does not issue refunds for members for neglecting to deactivate their subscriptions. If you cancel your subscription, there is no guarantee that your User Content will be saved. Please notify EQUIstaff support immediately if you have any issues with the deactivation process or other questions regarding the account.

13. COPYRIGHT AND TRADEMARKS. EQUIstaff is the copyright owner or authorized licensee of all text and all graphics contained in or on the Web Properties. The trademarks, service marks and logos used and displayed in or on the Web Properties are EQUIstaff’s, or its licensors’ or affiliates’ registered and unregistered trademarks. All trademarks and service marks of EQUIstaff that may be referred to in or on the Web Properties are the property of EQUIstaff, or one of its licensors or affiliates. Other parties’ trademarks and service marks that may be referred to in or on the Web Properties are the property of their respective owners. Nothing in the Web Properties should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of EQUIstaff’s, or its licensors’ or affiliates’, trademarks, service marks or copyrights without EQUIstaff’s prior written permission.

14. USER CONTENT.

(a) General. The Web Properties may permit you to upload, post or otherwise submit various forms of employment and career-related content, such as statements, text, graphics, questions, suggestions, messages, comments, ideas, notes, or other content of various kinds (collectively, the “User Content”).

(b) License to User Content. We do not claim ownership in your User Content. However, by uploading or posting any User Content to the Web Properties or otherwise submitting any User Content to EQUIstaff, in addition to other provisions of these Terms, you automatically grant EQUIstaff a royalty-free, worldwide, exclusive, and assignable right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform such User Content for the purpose of displaying and promoting such User Content on the Website or other Web Properties operated by, and in any related marketing materials produced by, EQUIstaff and its affiliates, successors and assigns. You will not have or obtain any rights in or to any form, media, or technology incorporating any User Content. You also grant to EQUIstaff and its affiliates, successors and assigns the exclusive right to incorporate User Content into other works in any form, medium or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the “Rights”) that may exist in such User Content. You also warrant to EQUIstaff that any third party holder of any Rights has validly and irrevocably granted to you the right to grant the rights and licenses set forth above. You further acknowledge that EQUIstaff and its affiliates, successors and assigns will be entitled to unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise. This paragraph is not intended to apply to any personal information about you, the use of which will be governed by our Privacy Policy, available at https://equistaff.com/TermsOfUse.aspx.

(c) Representations, Covenants and Warranties. You hereby represent, covenant and warrant that: (i) you will be solely responsible for your User Content and the consequences of posting or publishing it; (ii) neither your User Content nor your uploading, publishing or otherwise making available your User Content nor EQUIstaff’s use of your User Content as permitted herein will (A) infringe, misappropriate or violate any third party's intellectual property or proprietary rights, or rights of publicity or privacy, or (B) result in the violation of any applicable law, rule or regulation; and (iii) you will not provide any User Content that is defamatory, libelous, hateful, violent, obscene, pornographic, invasive of another’s privacy, infringing of another's intellectual property rights, unlawful, or otherwise offensive, as determined by EQUIstaff in its sole discretion.

(d) Disclaimer; Remedies. EQUIstaff does not represent or guarantee the truthfulness, accuracy, or reliability of any User Content. We do not endorse any User Content or any opinion, recommendation, or advice expressed on or through the Web Properties, and we expressly disclaim any and all liability in connection with User Content. EQUIstaff and our agents reserve the right, in our sole discretion, to refuse, move, and/or remove any User Content available on or through the Web Properties that, in our judgment, does not comply with these Terms, our Privacy Policy, or any other rules of user conduct applicable to our Web Properties, or that we believe is otherwise harmful, objectionable, or inaccurate. If we are notified by a user of any User Content which such user purports to be false or defamatory, EQUIstaff may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of such User Content. Notwithstanding the foregoing, we are not responsible for any failure or delay in removing any such User Content.

15. SUSPENSION; Termination. We may suspend or terminate your right to access portions of the Web Properties at any time, without notice, for conduct that we believe violates these Terms and/or is harmful to other users of the Web Properties, to us, to our partners, to the contributors, to the business of our Internet service provider, or to other information providers.

16. ADDITIONAL REMEDIES. You acknowledge that your conduct that is inconsistent with these Terms may cause us irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that we may obtain injunctive or other equitable relief seeking to restrain such conduct without the necessity of proving actual harm or posting a bond.

17. GOVERNING LAW AND JURISDICTION. You agree that all matters relating to your access to, or use of, or participation in the Site or any of the Web Properties will be governed by the laws of the State of Florida, without regard to any conflict of laws principles. You agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts located in the State of Florida with respect to such matters.

18. LOCAL LAWS. We make no representation that any EQUIstaff Content, User Content or other materials on the Web Properties are appropriate or available for use in jurisdictions outside the United States. Access to the Web Properties from jurisdictions where such access is illegal is prohibited. If you choose to access any of the Web Properties from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.

19. EXPORT RESTRICTIONS. Any software and all underlying information and technology that you download or view from any Web Property or in connection with the services (collectively, the “Software or Technical Data”) may be subject to U.S. export controls, including the Export Administration Act (50 U.S.C. Appx. §§ 2401 et seq.) and the Export Administration Regulations (50 C.F.R. Parts 730-774), and may be subject to export or import regulations in other countries. You are solely responsible for complying with all trade regulations and laws, both foreign and domestic, in your use, participating in, and viewing of the Web Properties, the EQUIstaff Content, the User Content and any of our products or services, including, but not limited to, any Software or Technical Data. Except as authorized by law, you agree and warrant not to export or re-export the Software or Technical Data to any county, or to any person, entity, or end-user subject to U.S. export controls, including, but not limited to, persons or entities listed on the U.S. Department of Commerce Bureau of Export Administration’s Denied Parties List and the U.S. Department of Treasury’s Specially Designated Nationals. You further represent and warrant that no U.S. federal agency has suspended, revoked, or denied your export privileges.

Your Consent To These Terms of Use

By accessing and using the Web Properties, you consent to and agree to be bound by the foregoing Terms. If we decide to change these Terms or some part of them, or if we impose new or additional terms and conditions on the EQUIstaff Program, we will make an effort to post those changes on this web page so that you will always be able to understand and agree to the terms and conditions governing your use of the Web Properties. Your use of the Web Properties (including, without limitation, your participation in the Program) following any amendment of these Terms will signify your assent to and acceptance of the revised Terms, including with respect to for all previously collected information and information collected from you in the future. If you have additional questions or comments of any kind, or if you see anything on the Web Properties that you think is inappropriate, please let us know by sending your comments or requests to:

EQUIstaff, Inc.

P.O. B0x 4781
Ocala, FL 34478

Phone: (352) 293-2088

Email: l.shepard@equistaff.com

Effective as of: July 1st, 2019

Last updated: July 8th, 2019

EQUISTAFF, INC.

PRIVACY POLICY

EQUIstaff, Inc. (“EQUIstaff”, “we,” “our,” or “us”) respects and is committed to protecting your privacy. This Privacy Policy lets you know how and for what purposes we are collecting, processing, and using your Personal Information (as defined below). We pledge that we will take reasonable steps to ensure that your Personal Information and Usage Information (as defined below) will only be used in ways that comply with this Privacy Policy.

This Privacy Policy applies to any web page, email list, onsite data collection, Personal Information and Usage Information (as such terms are defined below) collected and/or owned by us, including, but not limited to, our website located at www.equistaff.com, (the “Website”). This Privacy Policy is in effect no matter the method of collection, including collection through our Website and any online features, services, and/or programs that we may offer (collectively, the “Web Properties”). EQUIstaff will treat any offline collection, uses, and disclosures of your Personal Information consistently with our online privacy practices set forth in this Privacy Policy. This Privacy Policy is not applicable to any web page, social media site, Personal Information or Usage Information collected and/or owned by anyone other than us.

Your use of the Web Properties is also governed by our Terms of Use, available at .

Types of Information Collected

EQUIstaff and any third party that we may hire for the purpose of administering, operating, hosting, configuring, designing, maintaining and providing internal support for our Web Properties may collect two types of information when you visit the Web Properties: Personal Information and Usage Information.

Personal Information: The types of information that we collect may include, among other things, the following categories of information (collectively, “Personal Information”):

· contact information (e.g., your name, gender, address, phone number, email address, and month and day of birth);

· banking information (e.g., bank account and credit/debit card numbers, and billing address); and

· employment-related information specific to you (e.g., your occupation, industry, career profile and resume details).

We do not collect any Personal Information from you when you visit the Web Properties unless you choose to provide that information to us. You can browse the Website without telling us who you are or revealing any information about yourself. However, we will automatically collect Usage Information when you browse our Website.

Usage Information: The types of usage information that we collect may contain generic information about you, which may include, among other things, the following categories of information (collectively, “Usage Information”):

· Internet Protocol (or IP) address or device ID/UDID, protocol and sequence information;

· browser language and type;

· domain name system requests;

· browsing history (including such details as the time spent at a domain, and the time and date of your visit) and number of clicks;

· http headers, and operating system and fingerprinting data; and

· aggregated information.

How Information Is Collected

We may collect Personal Information and Usage Information about you from the following sources:

· the correspondence that you and others send to us, including when you complete any online forms or send us an email;

· offline collection, including when we communicate with you by telephone or text;

· information we receive from you through the Web Properties and as a result of your use of our services;

· information about your transactions with, or services performed by, us, our affiliates or nonaffiliated third parties;

· information we receive from your computer or mobile device;

· information we receive from our affiliates, partners or service providers; and

· information we receive from other sources, as permitted by applicable laws, rules and regulations.

You may be able to sign up to join our mailing list or to receive notifications from us. If you sign up, we may from time to time send you an email with information about one or more of our promotions and general information about us. You can unsubscribe from such communications at any time by the means set forth therein.

Cookies

From time to time, we may use “cookies” to keep track of your visit and your use of the Web Properties and to improve your experience on the Web Properties. A cookie is a small piece of data that your browser stores on your computer’s or device’s hard drive and is used to collect information, such as identifying those areas of the Web Properties that you have visited in the past in order to enhance your next visit to the Web Properties. You can choose whether to accept cookies by changing the settings of your browser, but some functionality of the Web Properties may be impaired or not function as intended if you choose not to accept cookies. Each browser is a little different, so look at your Help menu to learn the correct way to modify your cookies. You can delete cookies at any time. Our cookies cannot collect any information when you are not accessing the Web Properties. By using our Web Properties, you consent to our use of cookies.

Use of Collected Information

Information that we collect may be used for the following primary purposes:

· to enable the features of the Web Properties, including, but not limited to: (a) setting up and managing your User Account, including, but not limited to, our processing your requests for information; and/or (b) providing support or services to you;

· to improve the Web Properties by determining which of our features and services are most popular. We may analyze your information to enable us and our affiliates to provide services to you and develop new features, functionality, and services and otherwise for our internal business purposes;

· to personalize your experience on the Web Properties; and

· to communicate with you and to inform you about our services.

When Information Is Disclosed and Shared

We might disclose Personal Information and/or Usage Information when required by law or in the good faith belief that such disclosure is necessary:

· to comply with legal processes and applicable law;

· to enforce this Privacy Policy.;

· to take precautions against liability and respond to any claim that any information that you provided violates the rights of a third party;

· to protect our rights, property, or the safety or the rights, property, or personal safety of our visitors and the public, which includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction, and, if required by law, disclosing information to U.S. federal and state governmental agencies;

· to investigate potential unauthorized access or misuse of the Web Properties; and

· to otherwise enforce or apply our Terms of Use and other agreements.

We may transfer your Personal Information to third parties, including our hosting partners and other trusted third parties who assist us in operating the Web Properties and as necessary for our business purposes. We maintain reasonable safeguards to keep your Personal Information secure. When we provide Personal Information to our affiliates or third party service providers as discussed in this Privacy Policy, we require that these parties agree to process such information in compliance with our Privacy Policy and in a manner that complies with applicable privacy laws. The use of your information by a trusted business partner may be subject to that party’s own privacy policy.

We reserve the right to transfer your Personal Information, as well as any information about or obtained from you, in connection with the merger, sale or other disposition of all or part of our business and/or assets, or in the event of our bankruptcy, reorganization, insolvency, receivership, or an assignment for the benefit of our creditors. You expressly agree and consent to the use and/or transfer of the foregoing information in connection with any of the above described proceedings. We cannot and will not be responsible for any breach of security by any third parties or for any actions of any third parties that receive any of the information that is disclosed to us.

We will not sell your information to third parties. We will not share your information with third parties who want to send you advertisements or marketing promotions.

We may disclose your Personal Information for any purpose disclosed by us when you provide the information. We may also disclosure your Personal Information with your permission or as directed by you.

Security

Although we may provide certain encryption technologies and use other reasonable precautions to protect your confidential information and provide suitable security, we do not and cannot guarantee or warrant that any information transmitted through the Internet is secure, or that such transmissions are free from delay, interruption, interception or error.

The federal government and technology industry have developed practical tips (available at www.onguardonline.gov/) to help you guard against Internet fraud, secure your computer and protect your personal information.

While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

Credit Card Account Information

To gain access to certain resources and features on the Web Properties, users are asked to register and provide payment information and some limited information about themselves. This information is submitted voluntarily. When our customers choose to pay for services using their credit cards, EQUIstaff submits the information needed to obtain payment to the appropriate credit card clearinghouse. We will, if necessary, provide information to our payment processing vendors and service providers in order to process credit card payments and perform related payment functions. EQUIstaff does not disclose credit card information provided by its members and customers to unaffiliated third parties, unless you authorize us or as is necessary to fulfill our responsibilities.

Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for “https” at the beginning of the address of the web page. EQUIstaff takes extra measures to protect its customers and is Trustwave secure.

We may use the services of third party service providers, for example to process payments and other transactions or to provide analytics services. By using our Web Properties, you grant us all necessary rights and consents under applicable laws to disclose to our third party service providers -- or allow those third party service providers to collect, use, retain and disclose -- any Personal Information for purposes of providing services to you, including data that we may collect directly from you using cookies or other similar means.

Data Retention

We will retain and use your Personal Information for as long as is needed for us to be able to provide our services to you, and as necessary to comply with our legal obligations, comply with our internal business practices and standards, resolve disputes, and enforce our agreements. Personal Information is destroyed when it is no longer necessary for these purposes. Our business partners and third-party service providers may have their own data retention policies.

Information from Children

The Web Properties are not intended or designed to attract children under the age of thirteen (13). You affirm that you are more than eighteen (18) years of age, or you are an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Privacy Policy, and to abide by and comply with this Privacy Policy. In any case, by using the Web Properties, you affirm that you are over the age of thirteen (13), as THE WEB PROPERTIES ARE NOT INTENDED FOR CHILDREN UNDER AGE THIRTEEN (13).

Parents and legal guardians should be aware that this Privacy Policy will govern our use of Personal Information, but also that information that is voluntarily given by children (or others) in email exchanges, bulletin boards, or the like, may be used by other parties to generate unsolicited communications. We encourage all parents and legal guardians to instruct their children in the safe and responsible use of their Personal Information while using the Internet.

External Privacy Considerations

The Web Properties may now or in the future contain various links to other websites. We are not and cannot be responsible for the privacy practices or the content of any of those websites. Other than under agreements with certain reputable organizations and companies, and except for third party service providers (as described in this Privacy Policy), we do not share any of the Personal Information that you provide to us with any of the websites to which the Web Properties link. Please check with those websites in order to determine their privacy policies and your rights under them.

We may use the services of third party service providers to process transactions on our behalf. By using our Web Properties, you grant us all necessary rights and consents under applicable laws to disclose to our third party service providers -- or allow those third party service providers to collect, use, retain and disclose to us -- any Personal Information for purposes of providing services to you, including data that we may collect directly from you using cookies or other similar means.

European Union and Other International Users

The Web Properties are intended for individuals located in the United States, and your use of our services are governed by United States law. We are not targeting or marketing to international users. If you are using the Web Properties or services from outside the United States, please be aware that your Personal Information and/or Usage Information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. By using the Web Properties or our services, you consent to your Personal Information and Usage Information being transferred to our facilities and to the facilities of those third parties with whom we share it as described in this Privacy Policy.

We will only process your Personal Information when we have a legal basis to do so. When we do process your Personal Information, we will do so with your consent as set forth in this Privacy Policy, or because the processing is necessary for the performance of services, to comply with our legal obligations, to pursue our legitimate interests, or to establish or defend a legal claim.

Choices with Your Personal Information and Opting Out

Whether you submit any Personal Information to us is entirely up to you. You are under no obligation to provide any Personal Information to us. However, this information is essential for the provision and quality of some of the services that we offer to you, so we cannot provide you with certain services or provide you with access to certain features if you choose to withhold requested information.

You may choose to prevent us from disclosing or using your Personal Information under certain circumstances (“opt out”). You may opt out of any disclosure or use of your Personal Information for purposes that are incompatible with the purpose(s) for which it was originally collected or for which you subsequently gave authorization by notifying us by one of the methods escribed at the end of this Privacy Policy, or by following the procedures set forth in an electronic communication from us, if applicable. Furthermore, even where your Personal Information is to be disclosed and used in accordance with the purposes stated in this Privacy Policy, you may elect to opt out of such disclosure to and use by a third party that is not acting as our agent. There are some uses from which you cannot opt out, such as to provide features or services that you have requested from us.

Please note that making such requests does not ensure complete or comprehensive removal of your content. For example, we may retain the information for our own internal records in accordance with the terms of this Privacy Policy.

Access and Correction

Please contact us in the manner described at the end of this Privacy Policy to access your Personal Information in our possession and correct inaccuracies of that information in our records. We ask individuals to identify themselves and the information requested to be accessed and amended before processing such requests, and we may decline to process requests in limited circumstances, as permitted by applicable laws, rules and regulations.

Your California Privacy Rights

Under California’s “Shine the Light” law, California residents who provide certain personally identifiable information in connection with obtaining services for personal, family, or household use are entitled to request and obtain from us (once per calendar year) information about the information that we shared (if any) with other businesses for their own direct marketing uses. If applicable, this information would include the categories of information and the names and addresses of those businesses with which we shared information for the immediately prior calendar year. To obtain this information, please send an email message to clientservices@equistaff.com with “Request for California Privacy Information” in the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Please be aware that not all information sharing is covered by the “Shine the Light” requirements, and only information on covered sharing will be included in our response.

California residents who use the Web Properties are also entitled to the following consumer rights notice: The Web Properties are owned and/or operated by EQUIstaff, Inc. Unless expressly stated, the Web Properties are provided without charge. If you have a question or complaint regarding the services provided through the Web Properties, please send an email to Clientservices@equistaff.com. You may also contact us by writing to us at 1025 SE 14^th Street, Ocala, FL 34471, or by calling us at (352) 293-2088. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

“Do Not Track” Signals

Because we may collect your Personal Information from time to time for our own use, we are required to disclose how we respond to “Do Not Track” requests, signals and other similar mechanisms. Note that your browser settings may allow you to automatically transmit a “Do Not Track” signal to websites and online services that you visit. Like many websites and online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser. To find out more about “Do Not Track,” you may wish to visit www.allaboutdnt.com.

Your Consent to This Privacy Policy

By accessing and using the Web Properties, you consent to the collection and use of your information (including Personal Information) by us as described above or as we otherwise see fit, in compliance with this Privacy Policy, unless you inform us otherwise by means of the procedure identified below. If we decide to change this Privacy Policy or some part of it, we will make an effort to post those changes on this web page so that you will always be able to understand what information we collect, how we use that information, and under what circumstances we may disclose that information to others. Your use of the Web Properties following our publication of any amendment of this Privacy Policy will signify your assent to and acceptance of its revised terms for all previously collected information and information collected from you in the future. We may use comments, information or feedback that you may submit in any manner that we may choose without notice or compensation to you.

If you have any questions or concerns about EQUIstaff’s Privacy Policy or data processing, if you would like to access your Personal Information, or if you would like opt out of certain sharing, please let us know by sending your comments or requests to:

EQUIstaff, Inc.

P.O. Box 4781
Ocala, FL 34478

Phone: (352) 293-2088

Email: l.shepard@equistaff.com

Effective as of: July 1st, 2019

Last updated: June 16, 2021

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