ACCEPTANCE OF THESE TERMS

This Terms of Use Agreement (“Terms”), govern your access to, use of, and participation in the Create Staffing Solutions, LLC (“Create Staffing Solutions” or “We”) website and services Platform (as defined below) and constitutes a legally binding contract between you and Create Staffing Solutions (the “Agreement”).

PLEASE READ THESE TERMS THOROUGHLY AND CAREFULLY. BY USING THE PLATFORM, YOU AGREE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, INCLUDING THE PRIVACY POLICY AND YOU ARE AGREEING TO BE BOUND BY THE TERMS AND ALL OF THE TERMS ARE DEEMED TO BE ACCEPTED BY YOU. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM.

The Platform is defined as any websites under Create Staffing Solutions’s control, whether partial or otherwise, including without limitation to CreateStaffingSolutions.com, and includes the online services for posting job vacancies, bidding, payment details, and search postings. The Platform allows you to create profiles for recruiters, companies, and individuals which may include personal information and profile data may be open to the public on the Platform (“Profiles”). All references to “you” or “your,” or “User” as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner. If you use the Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” or “User” herein shall refer to that entity, its directors, officers, employees, and agents. Although we try to keep the Platform secure and functioning properly, we cannot guarantee the continuous operation of or access to the Platform. We may, at times and at our sole discretion, stop providing certain features and access to the Platform without notice.

This Platform is made available to companies and organizations searching for individuals for employment with their company (“Employer”). If you are an individual accessing or using the Platform on behalf of an Employer, then you are agreeing to the Terms on behalf of yourself and the Employer and you represent and warrant that you have the legal authority to act on behalf of and bind the Employer, including these Terms. This Platform is also made available to individuals, recruiters, and employment agencies who offer job candidates, talent acquisition, and assistance with finding job candidates to Employers (“Recruiters”). Both Employers and Recruiters are the Users of the Platform.

We reserve the right, at our sole discretion, to modify these Terms, and any other documents incorporated by reference herein, at any time and without prior notice.

ADDITIONAL TERMS AND POLICIES

Please review Create Staffing Solutions Staffing’s Privacy Policy, incorporated herein by reference, for information and notices concerning Create Staffing Solution’s collection and use of your information.

ELIGIBILITY, REPRESENTATIONS, WARRANTIES, AND USE OF THE PLATFORM

Access to and use of the Platform is available only to individuals who are at least 18 years old and can form legally binding contracts under applicable law.

You understand and agree that Create Staffing Solutions is not in the business of guaranteeing employment leads or fulfillment for the Employer, nor that jobs and leads posted to the Platform will generate sales for the Recruiter. You understand and agree that using the Platform does not guarantee that anyone will engage them and utilize their services.

You consent to Create Staffing Solutions’s collection, use and disclosure of your data (including without limitation personal data pertaining to you or that you provide) as described in our Privacy Policy. Create Staffing Solutions does not help Employers secure employment, but merely makes the Platform available to enable Employers to post jobs to companies that provide recruiting and employment services to other companies.

RELATIONSHIP WITH CREATE STAFFING SOLUTIONS

As a User, Create Staffing Solutions is only making the Platform available to you that allows Employers and Recruiters to find and transact directly with each other if they choose. You understand and agree that Create Staffing Solutions does not introduce Employers to Recruiters and Recruiters to Employers, direct hiring decisions, or post jobs. You acknowledge and agree that Create Staffing Solutions is not a party to the relationship or any dealings between Employer and Recruiter. All Users (both Recruiters and Employers) are responsible for evaluation and determining the suitability of any relationship with the other, including the content they upload or publish, the performance of any work, pricing, and the terms of the relationship. If any User decides to enter into a formal contract and relationship with the other, you agree that Create Staffing Solutions is not a party to such contract. You understand and agree that Create Staffing Solutions does not, in any way, supervise, control, direct, or evaluate the Recruiters, and Create Staffing Solutions is not responsible for any work that the Recruiter provides.

Create Staffing Solutions does not guarantee and makes no representations about any User, and you agree not to hold Create Staffing Solutions responsible for, the quality, safety, or legality of a User, including their qualifications, background, or identities; the ability of a User to deliver services; the ability of the User to pay for services; Statements, claims, content or posts made by Users; or the ability or willingness of a Recruiter or Employer to actually complete a transaction.

RECRUITER ACCESS

As a Recruiter, you understand and agree that using the Platform does not make you a Create Staffing Solutions employee, partner, nor agent of Create Staffing Solutions, nor does it create a joint venture between you and Create Staffing Solutions. As Recruiter, you acknowledge and agree that Create Staffing Solutions does not control, and has no right to control, the services of the Employer. Recruiters simply pay Create Staffing Solutions a service fee for the use of the Platform (“Service Fee”). A Recruiter is in default if it fails to pay the Service Fee, or any other amounts due under the Terms, and Create Staffing Solutions will be entitled to all legal remedies that may be available under applicable law. Recruiter will be deemed to be in default on the earliest occurrence of any of the following: (a) Recruiter fails to pay the Create Staffing Solutions when due; (b) Recruiter fails to pay a balance that is due or to bring, within a reasonable period of time but no more than 30 days after accrual of the charge, their Account current after a credit card or debit card is declined or has expired; (c) Recruiter fails to pay an invoice issued to the Recruiter by Create Staffing Solutions within 30 days; (d) Recruiter initiates a chargeback with a bank or other financial institution resulting in a charge made by Create Staffing Solutions for the Service Fee or such other amount due being reversed to the Recruiter; or (e) Recruiter takes other actions or fails to take any action that results in a negative or past-due balance on the Recruiter’s Account.

At Create Staffing Solutions’ sole discretion and to the extent permitted by applicable law, Create Staffing Solutions may, without notice, charge all or a portion of any amount that is owed on any Account to Create Staffing Solutions or as Service Fees to any Payment Method on file on the Recruiter’s Account.

Create Staffing Solutions does not guarantee, warrant nor represent that an Employer is a legitimate company, or even is able to pay or hire the Recruiter, and Create Staffing Solutions is not liable in any way whatsoever for any performance or the lack thereof of the Employer to the Recruiter.

EMPLOYER ACCESS

We offer the Platform to Employers for their business purposes only and not for personal or consumer use. Employers use the Platform to post job openings. Employers pay Create Staffing Solutions a fee for administration related to payment processing and administration related to the Recruiter and Employee connecting using the Platform.

ACCOUNT REGISTRATION AND OTHER SUBMISSIONS

To access and participate in the use of the Platform, all Users need to create a password-protected account (“Account”). You agree to provide accurate, current, and complete information during the registration or request submission process and at all other times when you use the Platform, and to update information to keep it accurate, current, and complete. You are solely responsible for safeguarding your Create Staffing Solutions password. You are solely responsible for all activity that occurs on your Account, and you will notify Create Staffing Solutions immediately of any unauthorized use. Create Staffing Solutions is not liable for any losses by any party caused by an unauthorized use of your Account. Notwithstanding the foregoing, you may be liable for the losses of Create Staffing Solutions or others due to such unauthorized use. Your account is nontransferable except with Create Staffing Solution’s written permission and in line with Create Staffing Solutions policies and procedures.

PAYMENT METHODS TO CREATE STAFFING SOLUTIONS

In order to use certain services on the Platform, you agree that you must provide account information for at least one valid credit card issued by a bank acceptable to Create Staffing Solutions, a bank account linked to your Account (if provided by Create Staffing Solutions), a debit card, or such other method of payment as Create Staffing Solutions may accept at its sole discretion (collectively the “Payment Method”). You hereby authorize Create Staffing Solutions to run and charge credit card authorizations on all credit cards provided by you, to store credit card and banking or other financial details as your method of payment, and to charge your credit card (or any other Payment Method) for the Service Fees and any other amounts owed under the Terms. To the extent permitted by applicable law and subject to our Privacy Policy, you acknowledge and agree that we may use certain third-party vendors and service providers to process payments and manage your Payment Method information. By authorizing a payment using the Payment Method on the Platform, you represent and warrant that there are sufficient funds or credit available for us to charge using the Payment Method. You agree that you are solely responsible for paying any amounts owed if the designated Payment Method cannot be collected from you.

YOUR LICENSE TO USE THE PLATFORM

Subject to your compliance with these Terms, Create Staffing Solutions grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to use the Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Platform, except as expressly permitted in these Terms. The Platform is provided to you AS IS with all faults. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Create Staffing Solutions or its licensors, except for the licenses and rights expressly granted in these Terms.

DISPUTES AMONG USERS

Any disputes that may arise between users, such as between Employers and Recruiters, you agree to independently resolve your dispute between yourselves, and you agree that Create Staffing Solutions will not and is not obligated to provide any dispute resolution assistance whatsoever.

INTELLECTUAL PROPERTY RIGHTS

Create Staffing Solutions Content is protected by copyright, trademark, and other laws of the United States, foreign countries, and international conventions. Except as expressly provided in these Terms, Create Staffing Solutions and its licensors exclusively own all right, title, and interest in and to the Platform and Create Staffing Solutions Content, including all associated intellectual property rights. All trademarks, service marks, logos, trade names and any other proprietary designations of Create Staffing Solutions used herein are trademarks or registered trademarks of Create Staffing Solutions. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.

DISCLAIMERS

YOUR USE OF THE PLATFORM SHALL BE SOLELY AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT CREATE STAFFING SOLUTIONS DOES NOT HAVE AN OBLIGATION, BUT RESERVES THE RIGHT FOR ANY REASON, TO MONITOR OR REVIEW YOUR POSTED CONTENT AND ACCOUNT. THE PLATFORM IS PROVIDED “AS IS,” AND ON AN “AS AVAILABLE” BASIS, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. CREATE STAFFING SOLUTIONS MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARD TO THE SITE, THE SITE SERVICES, WORK PRODUCT, USER CONTENT, OR ANY ACTIVITIES OR ITEMS RELATED TO THIS AGREEMENT OR THE TERMS OF SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CREATE STAFFING SOLUTIONS DISCLAIMS ALL EXPRESS AND IMPLIED CONDITIONS, REPRESENTATIONS, CREATE STAFFING SOLUTIONS WARRANTIES INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING LIMITATIONS ON WARRANTIES, SO TO THAT EXTENT, SOME OR ALL OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. SECTION 13 (AGREEMENT TERM AND TERMINATION) STATES USER’S SOLE AND EXCLUSIVE REMEDY AGAINST CREATE STAFFING SOLUTIONS WITH RESPECT TO ANY DEFECTS, NON-CONFORMANCES, OR DISSATISFACTION.

YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER RECRUITERS OR EMPLOYERS OF THE PLATFORM AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM. YOU UNDERSTAND THAT CREATE STAFFING SOLUTIONS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF OTHER USERS OF THE PLATFORM, SUCH AS OTHER RECRUITERS OR EMPLOYERS. CREATE STAFFING SOLUTIONS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE PLATFORM OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE PLATFORM.

LIMITATION OF LIABILITY
CREATE STAFFING SOLUTIONS IS NOT LIABLE, AND YOU AGREE TO NOT HOLD US RESPONSIBLE FOR ANY DAMAGES AND/OR LOSSES ARSING OUT OF OR IN CONNECTION WITH THE TERMS, INCLUDING BUT NOT LIMITED TO:

1. YOUR USE OR INABILITY TO USE THE PLATFORM;
2. DELAYS OR DISRUPTIONS ON THE PLATFORM;
3. VIRUSES OR AMICUS SOFTWARE OBTAINED BY ACCESSING OR LINKING TO THE PLATFORM;
4. GLITCHES, ERRORS, BUGS, OR INACCURACIES OF ANY KIND ON THE PLATFORM;
5. DAMAGE TO YOUR COMPUTER OR OTHER HARDWARE DEVICE FROM THE USE OF THE PLATFORM;
6. THE ACTIONS, INACTIONS, OR CONENT OF OTHER USERS ON THE PLATFORM;
7. A SUSPENSION OR ANY OTHRE ACTION TAKEN BY CREATE STAFFING SOLUTIONS WITH RESPECT TO YOUR ACCOUNT;
8. YOUR RELIANCE ON THE QUALITY, ACCURACY, RELIABILITY OF ANY JOB POSTINGS, PROFILES, RECOMMENDATIONS, FEEDBACK, RATING, OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH THE PLATFORM;
9. YOUR NEED TO MODIFY CONTENT OR YOUR INABILITY TO DO BUSINESS AS A RESULT OF ANY CHANGES TO THE PLATFORM;
10. ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE PLATFORM OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE PLATFORM; OR (G) YOUR OFFERING OR PROVIDING RECRUITER/RECRUITMENT SERVICES OR REQUESTING OR RECEIVING RECRUITER/RECRUITMENT SERVICES THROUGH THE PLATFORM.

ADDITIONALLY, IN NO EVENT SHALL CREATE STAFFING SOLUTIONS, OUR AFFILIATES, OUR LICENSORS, OR OUR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR INDIRECT COSTS OR DAMAGES, INCLUDING BUT NOT LIMITED TO LITIGATION COSTS, ATTORNEY FEES, INSTALLATION AND REMOVAL COSTS, OR LOSS OF DATA, PRODUCTION, PROFIT, OR BUSINESS OPPORTUNITIES. THE TOTAL AGGREGATE LIABILITY OF CREATE STAFFING SOLUTIONS AND ITS AFFILIATES AND SUBSIDIARIES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, ARISING FROM OR RELATING TO THE TERMS OR USE OF THE PLATFORM, OR FROM THE USE OF OR INABILITY TO USE THE PLATFORM, OR INTERACTIONS WITH ANY OTHER USERS SHALL NOT EXCEED THE LESSOR OF: (A) $2,000; OR (B) THE TOTAL AMOUNT OF FEES ACTUALLY PAID TO CREATE STAFFING SOLUTIONS DURING THE SIX-MONTH PERIOD PROCEEDING THE DATE OF THE CLAIM. THESE LIMITATIONS WILL APPLY TO ANY LIABILITY, ARISING FROM ANY CAUSE OF ACTION WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR OTHER TERMS OF SERVICE, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE. SOME STATES OR JURISDICTIONS MAY NOT ALLOW FOR ALL OF THE FOREGOING EXCLUSIONS AND LIMITATIONS, SO SOME OR ALL OF THESE LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION AND RELEASE

In addition to the recognition and your acknowledgement that Create Staffing Solutions is not a party to any contract between Users, you hereby agree to release, defend, indemnify, and hold Create Staffing Solutions and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with (a) your violation of these Terms; (b) your Content; (c) your interaction with any other Users; and (d) the request or receipt or offer or provision of Recruiter/Recruitment Services by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with such Pro Services.

Notwithstanding the foregoing paragraph, if you are a resident of New Jersey, you only agree to release, defend, indemnify, and hold Create Staffing Solutions and its affiliates and subsidiaries, and their respective officers, directors, employees and agents, harmless from and against any third-party claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with your violation of these Terms.

If you are a California resident, you waive California Civil Code Section 1542, which provides:

A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.

If you are not a California resident, you waive your rights under any statute or common law principle similar to Section 1542 that governs your rights in the jurisdiction of your residence.

ACCOUNT SUSPENSION OR TERMINATION

We may, in our discretion, with or without cause, with or without prior notice and at any time, decide to limit, block, suspend, deactivate or cancel your Create Staffing Solutions Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Platform or your User content, or receive assistance from Create Staffing Solutions support teams; (b) if appropriate in our sole discretion, we may communicate to other users that your Account has been terminated, blocked, suspended, deactivated, cancelled, or otherwise penalized in any way, and why this action has been taken; and (c) you will not be entitled to any compensation for Platform services being cancelled or delayed as a result of Account termination. You may cancel your use of the Platform and/or terminate your Account at any time. Please note that if your Account is cancelled, we do not have an obligation to delete or return to you any content you have posted to the Platform, including, but not limited to, any reviews.

SURVIVAL

After termination of this Agreement, the Terms that expressly or by their nature contemplate performance after this Agreement terminates or expires will survive and continue in full force and effect. For example, the sections requiring arbitration, protecting intellectual property, limitation of liability, indemnification, payment of fees, each, by their nature, contemplate performance or observance after this Agreement terminates. Without limiting any other provisions of the Terms, the termination of this Agreement for any reason will not release Create Staffing Solutions or you from any obligations incurred prior to the termination of this Agreement or that thereafter may accrue in respect of any act or omission prior to such termination.

INFORMAL DISPUTE RESOLUTION

Before serving any demand for arbitration or a claim, you and Create Staffing Solutions agree to first notify each other of any potential claim or the claim. You agree that Create Staffing Solutions can notify you at the email address or physical address you created in your Account, and you represent that you will keep such contact details up to date for such notification. You can notify Create Staffing Solutions of any dispute, demand, or claim at ebalay@createstaffingsolutions.com. The notice to the other parties under this section shall be defined herein as the “Notice”.

ARBITRATION

In the unlikely event the parties are unable to resolve any dispute or claim within 60 days of the receipt of the applicable Notice, you and Create Staffing Solutions agree to resolve such dispute or claim by final and binding arbitration before an arbitrator from JAMS, instead of a court or jury (“Arbitration”). JAMS can be reached at www.jamsadr.com. This Arbitration shall apply to any dispute, legal claim, lawsuit, against the other party (“Claim”), and the Arbitration section and mandate shall survive even after your relationship with Create Staffing Solutions ends. Claims covered by this Arbitration section include, but are not limited to, all claims, disputes or controversies arising out of or relating to this Agreement, including the Terms and Privacy Policy. This Arbitration section is intended to apply to the resolution of disputes that otherwise would be resolved in a court of law or before a forum other than arbitration. If for any reason JAMS will not administer the arbitration, either party may apply to a court of competent jurisdiction as provided under this Agreement.

GOVERNING LAW; COURTS

The Terms and the relationship between you and Create Staffing Solutions shall be governed in all respects by the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions. You agree that any claim or dispute you may have against Create Staffing Solutions that is not subject to arbitration must be resolved by a court located in Richmond, Virginia, or a United States District Court, Eastern District, located in Richmond, Virginia. You agree to submit to the personal jurisdiction of the courts located within Richmond, Virginia or the United States District Court, Eastern District, located in Richmond, Virginia, for the purpose of litigating all such claims or disputes that are not subject to arbitration. You hereby waive any and all jurisdictional and venue defenses otherwise available.

FORCE MAJEURE

Other than payment obligations, neither Create Staffing Solutions nor you shall be liable to the other for any delay or failure in performance under the Terms arising out of a cause beyond its control and without its fault or negligence. Such causes may include but are not limited to fires, floods, earthquakes, strikes, unavailability of necessary utilities, blackouts, acts of God, acts of declared or undeclared war, acts of regulatory agencies, or national disasters.

ENTIRE AGREEMENT

These Terms, together with the Privacy Policy and any other legal notices or additional terms and conditions or policies published by Create Staffing Solutions on the Platform, shall constitute the entire agreement between you and Create Staffing Solutions concerning the Platform. Except as explicitly stated herein, if any provision of the Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect.

ASSIGNABILITY

Create Staffing Solutions may not assign the Terms, or any of its rights or obligations hereunder, without Create Staffing Solutions’ prior written consent which must be signed by a duly authorized representative of Create Staffing Solutions. Create Staffing Solutions may freely assign this Agreement and the other Terms of Service without your consent. Any attempted assignment or transfer in violation of this subsection will be null and void. Subject to the foregoing restrictions, the Terms are binding upon and will inure to the benefit of the successors, heirs, and permitted assigns of the parties.

MODIFICATION; WAIVER

No modification or amendment to the Terms will be binding upon Create Staffing Solutions unless they are agreed in a written instrument signed by a duly authorized representative of Create Staffing Solutions or posted on the Platform by Create Staffing Solutions. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Create Staffing Solutions’ failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

SECTION HEADINGS

The section headings in these Terms are for convenience only and have no legal or contractual effect.

CONTACT INFORMATION

If you have any questions about these Terms or the Platform, please contact us by sending an email to ebalay@CreateStaffingSolutions.com.