Terms of Use

Last Updated: September 2022

      These Terms of Use apply to http://www.newhigherstaffing.com (the “Website”). For clarity, these Terms of Use also apply to any content offered from time to time by New Higher Staffing in connection with the website or that otherwise reference these Terms of Use (collectively, the “Services”).

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      Please read these Terms of Use carefully. Your access to and use of the website is subject to these Terms of Use and all applicable laws and regulations. These Terms of Use are a legal agreement between you and New Higher Staffing. By accessing, browsing, or otherwise using the website, you agree to be bound by these Terms of Use. If you do not agree to these Terms OF USE, PLEASE REFRAIN FROM USING THE WEBSITE.   

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      The website does not constitute or purport to constitute a source of advice nor does your use of the Website constitute or guarantee a job or employment relationship between you and New Higher Staffing.

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      We reserve the right to withdraw or amend the content we provide on the website without notice. From time to time, we may restrict access to some parts of the Website, or the entire website.

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These Terms of Use May Change

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      We reserve the right to modify these Terms of Use in our sole discretion at any time and without prior notice to you. Any changes will become effective when we post the revised Terms of Use on our website. Therefore, your use of this website is subject to the current Terms of Use as of the date of your use of the website. Please check these Terms of Use regularly to ensure you agree to them. If you object to any changes, you may discontinue use of our website. The date on which these Terms of Use were last updated is shown in the “Last Updated” legend above.

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Privacy Policy

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      We respect your privacy and are committed to its protection. Our General Privacy Policy (available at https://www.newhigherstaffing.com/privacy-policy) constitutes a part of these Terms of Use and explains how we collect, use, and disclose information about you. By accessing or using the website, you are also agreeing to our General Privacy Policy.  

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Use of The Website

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      You acknowledge and voluntarily and expressly accept that your use of the website is made under your sole and exclusive responsibility and at your sole risk.

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      You are responsible for making all arrangements necessary for you to have access to the website. You also are responsible for ensuring that all persons who access the website through your internet connection are aware of these Terms of Use, and that they comply with them.

Electronic Communications

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      We may use your information to send you electronic messaging (e.g. email, text messaging, etc.) or other wireless device multimedia messaging services (“MMS”) or short message services (“SMS”) communications to perform our services or to inform you of news, events and other information relevant to to your application(s) and New Higher Staffing.  Messages and data rates may apply for any SMS, MMS, and other electronic communication. For example, you may be charged a fee by your wireless carrier to send and receive messages based on the terms of your wireless device service plan.  We are not responsible for any wireless e-mail or text messaging charges incurred by you or by a person that has access to your wireless device, telephone number or e-mail address. Check with your wireless device service provider if you have questions about your service plan.

Your Content

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      Except for the personal or business information that we require you to provide in connection with your application, please note we do not request, nor do we wish to receive any confidential, secret or proprietary information from you through the Website, by e-mail, or in any other format. By providing Your Content to New Higher Staffing, you:

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• Represent and warrant that Your Content is original to you, that you own or otherwise control all rights in Your Content, or that you have the rights necessary to grant to use the license to Your Content, and that Your Content does not violate any rights, including the rights of privacy, of any party and does not otherwise violate the law; and 

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• Grant to us and our affiliates a world-wide, non-exclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and fully sub-licensable right and license, to copy, reproduce, edit, modify, distribute, transmit, translate, display, perform, publish, sell, adapt, create derivative works from, and otherwise use Your Content, for any purpose that we may choose, in our sole discretion, and through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party (it being understood that the foregoing shall include the right to exploit any and all intellectual property or proprietary rights in Your Content including, without limitation, rights protected under applicable copyright, trademark, trade secret, patent and other laws throughout the world). IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS PARAGRAPH, DO NOT SHARE, SUBMIT OR POST YOUR CONTENT ON OR THROUGH OUR WEBSITE.

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Restrictions On Use

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      While accessing our website, you warrant and agree that you will not:

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• Use it in any way that violates any federal, state, local, or international law or regulation.

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• Make unsolicited offers or proposals to other users.

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• Engage in harassing or discriminatory behavior or defame or defraud other users. 

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• Impersonate or attempt to impersonate the Company, a Company employee, or any other person or entity affiliated with the Company, such as by using e-mail addresses from our Website.

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• Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or that, as determined by us, may harm the Company or our users, or expose them to liability.

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• Disrupt, interfere with, disable, impair, overburden, violate the security of, or attempt to gain unauthorized access to, the Website, its services, the server on which the Website is stored, or any server, computing device, or computer network connected to the Website. 

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• Upload, transmit, distribute, or run any computer virus, worm, trojan horse, malware, spyware, time bomb, logic bomb, or any computer code that could damage or alter a computing device, computer network, communication network, data, the Services, or any other system, device, or property. 

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• Access, use, or modify any data, information, or other materials not intentionally made available or accessible to you by the Company. 

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• License, sublicense, assign, convey, or transfer any rights granted hereunder. 

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• Perform any acts that may damage our image, interests or rights. 

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• Access or use the Website for any purpose other than as expressly permitted under these Terms of Use.

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• Encourage or enable any other individual to do any of the foregoing.

No Warranties

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      Site Materials Disclaimer. We are not under any duty to check the accuracy of the website or the content thereon, and we do not guarantee the usefulness, preciseness, completeness, accuracy, or relevance of the Website or the content thereon and/or that such content is up to date. To the extent permitted by applicable law, we also do not warrant or represent that the Website and/or the content thereon is error-free or reliable or that use of the website and/or the website’s content will not infringe rights of third parties. Nor do we warrant or represent that the functional aspects of the Website and/or the content will be error free or that the servers that make it available are free of viruses or other harmful components. Use of the website and the content is at your risk, and is provided “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. To the extent permitted by applicable law, we will not be liable for any loss arising out of or in connection with the use of the website or the content thereon, whether direct or indirect, incidental, consequential or otherwise. We expressly disclaim any and all liability for loss of use, interruption of business, lost profits or lost data, regardless of the form of action. We expressly exclude any and all liability for errors or omissions with respect to the website and the website’s content, save to the extent that such liability arises from our fraud or fraudulent misrepresentation or from any death or personal injury that arises due to our willful misconduct.

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      Site Services Disclaimer. The inclusion of content on the website does not in any way constitute that we agree to provide you staffing services, employment or any other kind of services. We expressly exclude any and all kind of liability for decisions made by you based on the website or the website’s content.

Site Availability Disclaimer. We are not under any duty to make the website available, and we will not be liable if for any reason the website is unavailable, totally or partially, at any time or for any period. 

Site Security Disclaimer. You acknowledge that the website is connected to the Internet and that your use shall be wholly at your own risk. While we aim to keep your information secure, we do not represent or guarantee that the website will be free from loss, disruptions, corruption, cyber-attack, viruses, interference, hacking, malware, or other security intrusion or adverse incident. To the extent permitted by applicable law, we will not be liable for any loss arising out of or in connection with the use of the website or the content thereon, whether direct or indirect, incidental, consequential or otherwise. We expressly disclaim any and all liability for loss of use, interruption of business, lost profits or lost data, regardless of the form of action. 

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Limitations of Liability

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      TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL NEW HIGHER STAFFING, ITS REPRESENTATIVES OR CONTRIBUTORS TO THIS WEBSITE BE LIABLE FOR ANY LOSS OR INJURY, OR ANY DAMAGES, WHETHER DIRECT, SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR OTHERWISE, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR ARISING FROM OR RELATING TO THESE TERMS OF USE. TO THE MAXIMUM EXTENT PERMISSIBLE BY LAW, YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS AGAINST NEW HIGHER STAFFING AND ITS REPRESENTATIVES. You agree that the limitations set forth above are fundamental elements of these Terms of Use, and that the website and its materials would not be provided to you absent such limitations.

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For Users In The United States Only

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      This website is intended for users in the United States. This website is hosted in the United States and your information, including personal information, collected through our website is stored and processed in the United States. If you access the website from outside of the United States, you do so on your own initiative and are responsible for compliance with applicable laws. 

Age Restrictions

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      The website is intended for use by persons who are 18 years of age or older. 

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Miscellaneous

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      Entire Agreement. These Terms of Use, which incorporate our General Privacy Policy and Candidate Privacy Policy, constitute the entire agreement between you and the Company with respect to the website. These Terms of Use supersede all prior or contemporaneous communications and proposals regarding the website, including prior versions of these Terms of Use. 

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      No Waiver. The Company’s failure to enforce, or our delay in enforcing, any provision of these Terms of Use will not constitute a waiver of such right. Any waiver must be in writing and signed by both parties in order to be legally binding. 

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      Severability. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the terms shall remain in full force and effect. Headings in these Terms of Use are for reference only and do not define, limit, construe, or describe the scope or extent of such section. Capitalized words shall have the meaning provided in these Terms of Use, General Privacy Policy or other policies applicable to the Services and the website.

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      Assignment. You may not assign or transfer your rights or obligations under these Terms of Use without our prior written consent, and any assignment or transfer in violation of this provision shall be null and void.

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      Third-Party Beneficiaries. These Terms of Use are for the benefit of you and the Company only, and only you and the Company may enforce it. You and the Company do not intend for these Terms of Use to confer any right or benefit on any third party.

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